By: Lozano H.B. No. 2367
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of residential amenity rentals by a
political subdivision; authorizing a fee; authorizing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 247 to read as follows:
CHAPTER 247. REGULATION OF RESIDENTIAL AMENITY RENTALS
Sec. 247.001. DEFINITIONS. In this chapter:
(1) "Listing service" means a person who facilitates
the renting of a residential amenity rental, including by listing
residential amenity rentals on an Internet website.
(2) "Provider" means a person who rents a residential
amenity rental to another person.
(3) "Residential amenity rental" or "rental" means a
feature or facility:
(A) that is part of a property used or designed to
be used as the home of a person, family, or household, including a
single-family dwelling; and
(B) that is rented for a period of less than 15
hours and not for the purpose of providing sleeping accommodations
to a tenant.
Sec. 247.002. APPLICABILITY. This chapter applies to a
political subdivision that has the authority to enact an ordinance,
order, rule, or other requirement regarding zoning or other land
use in its jurisdiction.
Sec. 247.003. AUTHORIZED LOCAL REGULATIONS. (a) A
political subdivision may require a provider to, before renting a
residential amenity rental to another person:
(1) register the rental as provided by Section
247.004;
(2) designate an emergency contact responsible for
responding to complaints regarding the rental; and
(3) provide proof that written notice was given to
each owner of property that shares a common boundary with the
property where the rental is located of the provider's intent to use
the property as a residential amenity rental.
(b) A political subdivision may:
(1) prohibit a provider from serving food to a tenant
of a residential amenity rental unless serving food commercially at
the rental is otherwise authorized by law.
Sec. 247.004. RESIDENTIAL AMENITY RENTAL REGISTRATION. (a)
A political subdivision that adopts a registration requirement
under Section 247.003(a)(1):
(1) shall approve a registration application unless
the provider is in violation of a regulation authorized under
Section 247.003;
(2) may charge a nominal registration fee not to
exceed the amount sufficient to cover the costs of administering
the registration requirement; and
(3) may maintain an Internet website or telephone
hotline that enables a member of the public to file a complaint
regarding a residential amenity rental.
(b) A political subdivision shall approve or deny a
registration application in accordance with Subsection (a)(1) not
later than the 30th day after the date the political subdivision
receives the application. If the political subdivision fails to
respond in accordance with this subsection, the registration is
considered approved.
(c) If a political subdivision requires a provider to
register under this chapter, the registration must be valid for at
least one year.
(d) A political subdivision may suspend a registration
issued under this chapter only in accordance with Section 247.007.
Sec. 247.005. PROHIBITED LOCAL REGULATIONS; BURDEN OF
PROOF. (a) Except as provided by this chapter, a political
subdivision may not adopt or enforce an ordinance, order, or rule
that:
(1) prohibits or limits the use of a property as a
residential amenity rental; or
(2) applies to residential amenity rental providers,
residential amenity rental tenants, or other persons associated
with residential amenity rentals in a manner that is more
restrictive or otherwise inconsistent with the application of the
law to other similarly situated persons.
(b) In a legal action challenging the adoption or
enforcement of an ordinance, order, or rule under this chapter, the
political subdivision has the burden of proving by clear and
convincing evidence that the ordinance, order, or rule meets the
requirements of this chapter.
Sec. 247.006. CONFLICT OF LAW. (a) To the extent of a
conflict between any regulation adopted under this chapter by a
county and any regulation adopted under this chapter by a political
subdivision other than a county, the county regulation controls.
(b) To the extent of a conflict between any regulations
adopted under this chapter by two or more political subdivisions
other than a county, the less stringent limitation or requirement
controls.
Sec. 247.007. ENFORCEMENT; CIVIL PENALTY. (a) A political
subdivision may assess a civil penalty against a provider for a
violation of an ordinance, order, or rule adopted by the political
subdivision that is the direct result of the operation of the
residential amenity rental. A civil penalty assessed under this
section is in addition to any penalty imposed for the violation of
an ordinance, order, or rule adopted under authority other than
this chapter.
(b) Except as provided by Subsection (c), a civil penalty
issued under this section must be in a reasonable amount, not to
exceed $200 per violation.
(c) For a second violation that is the direct result of the
operation of the residential amenity rental, a political
subdivision may assess an increased civil penalty, not to exceed
$400.
(d) For a third violation that is the direct result of the
operation of the residential amenity rental, a political
subdivision may:
(1) suspend the registration of a provider for a
period not to exceed one year; or
(2) prohibit the continued use of the property as a
residential amenity rental by the same provider.
(e) To assess a civil penalty, suspend a registration, or
prohibit the continued use of a property as a residential amenity
rental under this section, the political subdivision has the burden
of proof of demonstrating that the violation was a direct result of
the residential amenity rental's operation.
(f) A political subdivision may not assess a penalty on a
provider, suspend a registration, or prohibit the continued use of
a property as a residential amenity rental under this section until
the provider has exhausted all appeal rights for the underlying
violation.
SECTION 2. This Act takes effect September 1, 2023.