| 1 | 1 | | 88R20382 MZM-F |
|---|
| 2 | 2 | | By: Landgraf H.B. No. 3169 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 3169: |
|---|
| 4 | 4 | | By: Lozano C.S.H.B. No. 3169 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to regulation of short-term rental units by certain |
|---|
| 10 | 10 | | municipalities. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Subtitle A, Title 7, Local Government Code, is |
|---|
| 13 | 13 | | amended by adding Chapter 218 to read as follows: |
|---|
| 14 | 14 | | CHAPTER 218. REGULATION OF SHORT-TERM RENTAL UNITS |
|---|
| 15 | 15 | | Sec. 218.001. DEFINITIONS. In this chapter: |
|---|
| 16 | 16 | | (1) "Short-term rental unit" means a dwelling that is: |
|---|
| 17 | 17 | | (A) used or designed to be used as the home of a |
|---|
| 18 | 18 | | person, family, or household, including a single-family dwelling or |
|---|
| 19 | 19 | | a unit in a multi-unit building, including an apartment, |
|---|
| 20 | 20 | | condominium, cooperative, or timeshare; and |
|---|
| 21 | 21 | | (B) rented wholly or partly for a fee and for a |
|---|
| 22 | 22 | | period of less than 30 consecutive days. |
|---|
| 23 | 23 | | (2) "Short-term rental unit listing service" means a |
|---|
| 24 | 24 | | person who facilitates, including by listing short-term rental |
|---|
| 25 | 25 | | units on an Internet website, the rental of a short-term rental |
|---|
| 26 | 26 | | unit. |
|---|
| 27 | 27 | | Sec. 218.002. APPLICATION OF CHAPTER. This chapter applies |
|---|
| 28 | 28 | | only to a municipality that: |
|---|
| 29 | 29 | | (1) has a population of less than 1,000; and |
|---|
| 30 | 30 | | (2) borders Lake Travis. |
|---|
| 31 | 31 | | Sec. 218.003. AUTHORIZED MUNICIPAL LAWS. (a) In regard to |
|---|
| 32 | 32 | | a short-term rental unit, a municipality may prohibit: |
|---|
| 33 | 33 | | (1) the use of the unit to promote activities that are |
|---|
| 34 | 34 | | illegal under municipal or other law; |
|---|
| 35 | 35 | | (2) the provision or management of the unit by a |
|---|
| 36 | 36 | | registered sex offender or any person having been convicted of a |
|---|
| 37 | 37 | | felony; |
|---|
| 38 | 38 | | (3) the serving of food to a tenant unless the serving |
|---|
| 39 | 39 | | of food at the unit is otherwise authorized by municipal law; |
|---|
| 40 | 40 | | (4) the rental of the unit to a person younger than 18 |
|---|
| 41 | 41 | | years of age; or |
|---|
| 42 | 42 | | (5) the rental of the unit for less than 24 hours. |
|---|
| 43 | 43 | | (b) In regard to a short-term rental unit, a municipality |
|---|
| 44 | 44 | | may require: |
|---|
| 45 | 45 | | (1) a unit provider to: |
|---|
| 46 | 46 | | (A) designate an emergency contact responsible |
|---|
| 47 | 47 | | for responding to complaints regarding the unit; and |
|---|
| 48 | 48 | | (B) have the unit inspected on an annual basis by |
|---|
| 49 | 49 | | the local building code department or fire marshal, as applicable, |
|---|
| 50 | 50 | | to verify that the unit meets state and municipal requirements; and |
|---|
| 51 | 51 | | (2) either: |
|---|
| 52 | 52 | | (A) a unit provider or property manager on the |
|---|
| 53 | 53 | | provider's behalf to maintain property and liability insurance for |
|---|
| 54 | 54 | | the unit in an amount required by the municipality; or |
|---|
| 55 | 55 | | (B) the unit provider to provide proof that the |
|---|
| 56 | 56 | | short-term rental unit listing service that lists the unit is |
|---|
| 57 | 57 | | maintaining property and liability insurance for the unit in an |
|---|
| 58 | 58 | | amount required by the municipality. |
|---|
| 59 | 59 | | Sec. 218.004. PROHIBITED MUNICIPAL LAWS. Except as |
|---|
| 60 | 60 | | provided by this chapter, a municipality may not: |
|---|
| 61 | 61 | | (1) adopt or enforce an ordinance, rule, or other |
|---|
| 62 | 62 | | measure that: |
|---|
| 63 | 63 | | (A) prohibits or limits the use of property as a |
|---|
| 64 | 64 | | short-term rental unit; or |
|---|
| 65 | 65 | | (B) is applicable solely to short-term rental |
|---|
| 66 | 66 | | units, or short-term rental unit providers, short-term rental unit |
|---|
| 67 | 67 | | tenants, or other persons associated with short-term rental units; |
|---|
| 68 | 68 | | or |
|---|
| 69 | 69 | | (2) apply a municipal law, including a noise |
|---|
| 70 | 70 | | restriction, parking requirement, or building code requirement, or |
|---|
| 71 | 71 | | other law to short-term rental units or short-term rental unit |
|---|
| 72 | 72 | | providers, short-term rental unit tenants, or other persons |
|---|
| 73 | 73 | | associated with short-term rental units in a manner that is more |
|---|
| 74 | 74 | | restrictive or otherwise inconsistent with the application of the |
|---|
| 75 | 75 | | law to other similarly situated property or persons. |
|---|
| 76 | 76 | | Sec. 218.005. CONSTRUCTION OF CHAPTER. (a) This chapter |
|---|
| 77 | 77 | | does not prohibit: |
|---|
| 78 | 78 | | (1) a lessor, through the terms of a lease agreement, |
|---|
| 79 | 79 | | from restricting the use of the leased property as a short-term |
|---|
| 80 | 80 | | rental unit; or |
|---|
| 81 | 81 | | (2) a property owner from placing a restrictive |
|---|
| 82 | 82 | | covenant or easement on the property that restricts the future use |
|---|
| 83 | 83 | | of the property as a short-term rental unit. |
|---|
| 84 | 84 | | (b) This chapter does not prohibit a municipality from |
|---|
| 85 | 85 | | contracting with a third party to provide services that assist in |
|---|
| 86 | 86 | | ensuring compliance with municipal requirements imposed in |
|---|
| 87 | 87 | | accordance with this chapter. The third party may be a short-term |
|---|
| 88 | 88 | | rental unit listing service. |
|---|
| 89 | 89 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|