Texas 2021 - 87th Regular

Texas House Bill HB2537 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6378 SGM-D
2	2	By: Reynolds H.B. No. 2537
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to county regulation of short-term rental units in the
8	8	unincorporated area of certain counties; authorizing a civil
9	9	penalty; authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 240, Local Government Code, is amended
12	12	by adding Subchapter F to read as follows:
13	13	SUBCHAPTER F. REGULATION OF SHORT-TERM RENTAL UNITS IN CERTAIN
14	14	COUNTIES
15	15	Sec. 240.101. DEFINITIONS. In this subchapter:
16	16	(1) "Permit" means a permit issued under this
17	17	subchapter for the rental of a short-term rental unit.
18	18	(2) "Short-term rental unit" means a dwelling that is:
19	19	(A) used or designed to be used as the home of a
20	20	person, family, or household, including a single-family dwelling or
21	21	a unit in a multi-unit building, including an apartment,
22	22	condominium, cooperative, or timeshare; and
23	23	(B) rented wholly or partly for a fee and for a
24	24	period of less than 30 consecutive days.
25	25	(3) "Unit provider" means a person who rents a
26	26	short-term rental unit to another person.
27	27	Sec. 240.102. APPLICABILITY OF SUBCHAPTER. This subchapter
28	28	applies only to a county with a population of 585,000 or more that
29	29	is adjacent to a county with a population of 4 million or more.
30	30	Sec. 240.103. AUTHORITY TO REGULATE SHORT-TERM RENTAL
31	31	UNITS. (a) In accordance with this subchapter, the commissioners
32	32	court of a county by order may regulate short-term rental units
33	33	located in the unincorporated area of the county.
34	34	(b) A county regulation applicable to a short-term rental
35	35	unit may require the unit provider to:
36	36	(1) register the unit and obtain a permit under this
37	37	subchapter; and
38	38	(2) provide the contact information for the person
39	39	responsible for responding to complaints regarding the unit.
40	40	(c) If a county adopts a registration requirement for unit
41	41	providers under Subsection (b), a unit provider may not rent a
42	42	dwelling to another person as a short-term rental unit unless the
43	43	unit provider has a permit issued under this subchapter.
44	44	Sec. 240.104. REGISTRATION PERMITS; FEES. (a) A county
45	45	that adopts a registration requirement under Section
46	46	240.103(b)(1):
47	47	(1) shall approve or deny a registration application
48	48	not later than the 45th calendar day after the date the county
49	49	receives the application; and
50	50	(2) may require the applicant to affirm that the unit
51	51	does not violate any rules or bylaws of any condominium,
52	52	cooperative, property owners' association, or other similar entity
53	53	that has jurisdiction over the property in which the unit is
54	54	located.
55	55	(b) If the county approves a registration application, the
56	56	county shall issue to the applicant a permit that is valid for at
57	57	least one year.
58	58	(c) A county may not charge a registration fee in an amount
59	59	greater than the lesser of:
60	60	(1) the amount to cover the administrative costs of
61	61	enforcing the registration requirement; or
62	62	(2) $450.
63	63	(d) A county may not restrict the number of permits issued
64	64	under this subchapter.
65	65	(e) If a county fails to approve or deny a registration
66	66	application in accordance with Subsection (a)(1), the registration
67	67	is considered approved.
68	68	(f) A permit holder may not transfer a permit to another
69	69	person.
70	70	Sec. 240.105. COMPLAINTS. (a) A county that adopts a
71	71	registration requirement under Section 240.103 shall maintain an
72	72	Internet website or a telephone hotline that provides the contact
73	73	information of permit holders to members of the public for the
74	74	purpose of contacting permit holders regarding complaints about
75	75	short-term rental units.
76	76	(b) A permit holder shall keep the permit holder's current
77	77	contact information on file with the county, including the permit
78	78	holder's name, telephone number, and e-mail address.
79	79	Sec. 240.106. ENFORCEMENT; CIVIL PENALTY. (a) A county may
80	80	suspend a permit for a period not to exceed one year if the permit
81	81	holder violates a regulation adopted under this subchapter.
82	82	(b) A county may assess a civil penalty against a permit
83	83	holder not to exceed $200 per day for a violation under this
84	84	subchapter.
85	85	Sec. 240.107. CONSTRUCTION OF SUBCHAPTER. This subchapter
86	86	does not prohibit:
87	87	(1) a condominium, cooperative, property owners'
88	88	association, or other similar entity from prohibiting or otherwise
89	89	restricting an owner of property within the entity's jurisdiction
90	90	from using the property as a short-term rental unit;
91	91	(2) a lessor, through the terms of a lease agreement,
92	92	from restricting the use of the leased property as a short-term
93	93	rental unit; or
94	94	(3) a property owner from placing a restrictive
95	95	covenant or easement on the property that restricts the future use
96	96	of the property as a short-term rental unit.
97	97	SECTION 2. This Act takes effect September 1, 2021.