Texas 2023 - 88th Regular

Texas House Bill HB2367 Compare Versions

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Version 2 (New)

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1	1	By: Lozano H.B. No. 2367
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of residential amenity rentals by a
7	7	political subdivision; authorizing a fee; authorizing a civil
8	8	penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 7, Local Government Code, is
11	11	amended by adding Chapter 247 to read as follows:
12	12	CHAPTER 247. REGULATION OF RESIDENTIAL AMENITY RENTALS
13	13	Sec. 247.001. DEFINITIONS. In this chapter:
14	14	(1) "Listing service" means a person who facilitates
15	15	the renting of a residential amenity rental, including by listing
16	16	residential amenity rentals on an Internet website.
17	17	(2) "Provider" means a person who rents a residential
18	18	amenity rental to another person.
19	19	(3) "Residential amenity rental" or "rental" means a
20	20	feature or facility:
21	21	(A) that is part of a property used or designed to
22	22	be used as the home of a person, family, or household, including a
23	23	single-family dwelling; and
24	24	(B) that is rented for a period of less than 15
25	25	hours and not for the purpose of providing sleeping accommodations
26	26	to a tenant.
27	27	Sec. 247.002. APPLICABILITY. This chapter applies to a
28	28	political subdivision that has the authority to enact an ordinance,
29	29	order, rule, or other requirement regarding zoning or other land
30	30	use in its jurisdiction.
31	31	Sec. 247.003. AUTHORIZED LOCAL REGULATIONS. (a) A
32	32	political subdivision may require a provider to, before renting a
33	33	residential amenity rental to another person:
34	34	(1) register the rental as provided by Section
35	35	247.004;
36	36	(2) designate an emergency contact responsible for
37	37	responding to complaints regarding the rental; and
38	38	(3) provide proof that written notice was given to
39	39	each owner of property that shares a common boundary with the
40	40	property where the rental is located of the provider's intent to use
41	41	the property as a residential amenity rental.
42	42	(b) A political subdivision may:
43	43	(1) prohibit a provider from serving food to a tenant
44	44	of a residential amenity rental unless serving food commercially at
45	45	the rental is otherwise authorized by law.
46	46	Sec. 247.004. RESIDENTIAL AMENITY RENTAL REGISTRATION. (a)
47	47	A political subdivision that adopts a registration requirement
48	48	under Section 247.003(a)(1):
49	49	(1) shall approve a registration application unless
50	50	the provider is in violation of a regulation authorized under
51	51	Section 247.003;
52	52	(2) may charge a nominal registration fee not to
53	53	exceed the amount sufficient to cover the costs of administering
54	54	the registration requirement; and
55	55	(3) may maintain an Internet website or telephone
56	56	hotline that enables a member of the public to file a complaint
57	57	regarding a residential amenity rental.
58	58	(b) A political subdivision shall approve or deny a
59	59	registration application in accordance with Subsection (a)(1) not
60	60	later than the 30th day after the date the political subdivision
61	61	receives the application. If the political subdivision fails to
62	62	respond in accordance with this subsection, the registration is
63	63	considered approved.
64	64	(c) If a political subdivision requires a provider to
65	65	register under this chapter, the registration must be valid for at
66	66	least one year.
67	67	(d) A political subdivision may suspend a registration
68	68	issued under this chapter only in accordance with Section 247.007.
69	69	Sec. 247.005. PROHIBITED LOCAL REGULATIONS; BURDEN OF
70	70	PROOF. (a) Except as provided by this chapter, a political
71	71	subdivision may not adopt or enforce an ordinance, order, or rule
72	72	that:
73	73	(1) prohibits or limits the use of a property as a
74	74	residential amenity rental; or
75	75	(2) applies to residential amenity rental providers,
76	76	residential amenity rental tenants, or other persons associated
77	77	with residential amenity rentals in a manner that is more
78	78	restrictive or otherwise inconsistent with the application of the
79	79	law to other similarly situated persons.
80	80	(b) In a legal action challenging the adoption or
81	81	enforcement of an ordinance, order, or rule under this chapter, the
82	82	political subdivision has the burden of proving by clear and
83	83	convincing evidence that the ordinance, order, or rule meets the
84	84	requirements of this chapter.
85	85	Sec. 247.006. CONFLICT OF LAW. (a) To the extent of a
86	86	conflict between any regulation adopted under this chapter by a
87	87	county and any regulation adopted under this chapter by a political
88	88	subdivision other than a county, the county regulation controls.
89	89	(b) To the extent of a conflict between any regulations
90	90	adopted under this chapter by two or more political subdivisions
91	91	other than a county, the less stringent limitation or requirement
92	92	controls.
93	93	Sec. 247.007. ENFORCEMENT; CIVIL PENALTY. (a) A political
94	94	subdivision may assess a civil penalty against a provider for a
95	95	violation of an ordinance, order, or rule adopted by the political
96	96	subdivision that is the direct result of the operation of the
97	97	residential amenity rental. A civil penalty assessed under this
98	98	section is in addition to any penalty imposed for the violation of
99	99	an ordinance, order, or rule adopted under authority other than
100	100	this chapter.
101	101	(b) Except as provided by Subsection (c), a civil penalty
102	102	issued under this section must be in a reasonable amount, not to
103	103	exceed $200 per violation.
104	104	(c) For a second violation that is the direct result of the
105	105	operation of the residential amenity rental, a political
106	106	subdivision may assess an increased civil penalty, not to exceed
107	107	$400.
108	108	(d) For a third violation that is the direct result of the
109	109	operation of the residential amenity rental, a political
110	110	subdivision may:
111	111	(1) suspend the registration of a provider for a
112	112	period not to exceed one year; or
113	113	(2) prohibit the continued use of the property as a
114	114	residential amenity rental by the same provider.
115	115	(e) To assess a civil penalty, suspend a registration, or
116	116	prohibit the continued use of a property as a residential amenity
117	117	rental under this section, the political subdivision has the burden
118	118	of proof of demonstrating that the violation was a direct result of
119	119	the residential amenity rental's operation.
120	120	(f) A political subdivision may not assess a penalty on a
121	121	provider, suspend a registration, or prohibit the continued use of
122	122	a property as a residential amenity rental under this section until
123	123	the provider has exhausted all appeal rights for the underlying
124	124	violation.
125	125	SECTION 2. This Act takes effect September 1, 2023.