Texas 2021 - 87th Regular

Texas House Bill HB2515 Compare Versions

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11 87R6332 SCL-D
22 By: Shaheen H.B. No. 2515
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44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to short-term rental units that violate municipal
88 ordinances.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle B, Title 5, Business & Commerce Code, is
1111 amended by adding Chapter 95 to read as follows:
1212 CHAPTER 95. SHORT-TERM RENTAL UNITS
1313 Sec. 95.001. DEFINITIONS. In this chapter:
1414 (1) "Short-term rental unit" means a residence,
1515 including a single-family residence or a unit in an apartment,
1616 condominium, cooperative, timeshare, or other multiunit
1717 residential building, that is rented wholly or partly for a fee and
1818 for a period of less than 30 consecutive days.
1919 (2) "Short-term rental unit listing service" means a
2020 person who:
2121 (A) lists a short-term rental unit that is not
2222 owned by the person on an Internet website, application, or
2323 software for the purpose of facilitating the rental of the unit on
2424 behalf of the unit's owner; and
2525 (B) collects a fee from the owner for the rental
2626 of the unit or for the listing service.
2727 Sec. 95.002. REMOVAL OF LISTING REQUIRED. On the receipt of
2828 notice under Section 215.007, Local Government Code, of a third
2929 violation of a municipal ordinance within a one-year period
3030 involving a short-term rental unit that is listed by a short-term
3131 rental unit listing service, the listing service shall remove the
3232 unit from the listing service's Internet website, application, or
3333 other online platform for at least 30 days.
3434 Sec. 95.003. INJUNCTION. (a) The following persons may
3535 bring an action under Subsection (b):
3636 (1) a person who has incurred a loss or disruption of
3737 the conduct of the person's business as a result of a violation of a
3838 municipal ordinance involving a short-term rental unit; or
3939 (2) another person who has been harmed by a violation
4040 of a municipal ordinance involving a short-term rental unit.
4141 (b) A person described by Subsection (a) may bring an action
4242 for appropriate injunctive relief against the owner of a short-term
4343 rental unit that is the subject of three or more violations of
4444 municipal ordinances within a one-year period. The person bringing
4545 the action may seek and recover reasonable attorney's fees and
4646 court costs.
4747 SECTION 2. Subchapter A, Chapter 215, Local Government
4848 Code, is amended by adding Section 215.007 to read as follows:
4949 Sec. 215.007. NOTICE OF SHORT-TERM RENTAL UNIT VIOLATIONS.
5050 (a) In this section:
5151 (1) "Short-term rental unit" means a residence,
5252 including a single-family residence or a unit in an apartment,
5353 condominium, cooperative, timeshare, or other multiunit
5454 residential building, that is rented wholly or partly for a fee and
5555 for a period of less than 30 consecutive days.
5656 (2) "Short-term rental unit listing service" means a
5757 person who:
5858 (A) lists a short-term rental unit that is not
5959 owned by the person on an Internet website, application, or
6060 software for the purpose of facilitating the rental of the unit on
6161 behalf of the unit's owner; and
6262 (B) collects a fee from the owner for the rental
6363 of the unit or for the listing service.
6464 (b) A municipality shall provide written notice to a
6565 short-term rental unit listing service of a violation of a
6666 municipal ordinance involving a short-term rental unit listed on
6767 the listing service.
6868 SECTION 3. The changes in law made by this Act apply only to
6969 conduct violating an ordinance that occurs on or after the
7070 effective date of this Act.
7171 SECTION 4. This Act takes effect September 1, 2021.