By: Bettencourt, Eckhardt S.B. No. 1567
A BILL TO BE ENTITLED
AN ACT
relating to the authority of home-rule municipalities to regulate
the occupancy of dwelling units.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 211, Local Government Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS RELATED TO OCCUPANCY
IN CERTAIN MUNICIPALITIES
Sec. 211.051. DEFINITIONS. In this subchapter:
(1) "Dwelling unit" means a house, apartment unit, or
any unit in a multiunit residential structure. The term does not
include a unit in a hotel, motel, or other establishment in which
more than half of the units are intended to be used for transient
accommodations.
(2) "University" means an institution of higher
education, as defined by Section 61.003, Education Code.
Sec. 211.052. APPLICABILITY. This subchapter applies only
to a home-rule municipality in which a university campus is
located.
Sec. 211.053. DWELLING UNIT OCCUPANCY REQUIREMENTS. (a)
Except as provided by Subsection (b), a municipality may not adopt
or enforce a zoning ordinance, rule, or other regulation that
limits the number of people who may occupy a dwelling unit based on:
(1) age;
(2) familial status;
(3) occupation;
(4) relationship status; or
(5) whether the occupants are related to each other by
a certain degree of affinity or consanguinity.
(b) A municipality may impose a limit on the number of
occupants of a dwelling unit that is not more restrictive than:
(1) one occupant per sleeping room with a minimum
floor area of 70 square feet; and
(2) one additional occupant for each additional 50
square feet of floor area in the same sleeping room.
Sec. 211.054. NO EFFECT ON OTHER ZONING AUTHORITY. This
subchapter does not prohibit a municipality from imposing a limit
on the number of people who may occupy a dwelling unit based on
health and safety standards contained in:
(1) a building code as adopted under Subchapter G,
Chapter 214;
(2) a fire code;
(3) standards adopted by the Department of State
Health Services; or
(4) local, state, or federal affordable housing
program guidelines.
Sec. 211.055. LEASE REVIEW PROHIBITED. A municipality may
not require a real estate broker, agent, or other third party
fiduciary to submit for review or provide access to a lease or
related document to determine the number of unrelated occupants of
a dwelling unit for the purpose of enforcing a dwelling unit
occupancy requirement.
Sec. 211.056. NO EFFECT ON PROPERTY OWNERS' ASSOCIATIONS
AND OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit a
property owner from enforcing rules or deed restrictions imposed by
a property owners' association or by other private agreement.
Sec. 211.057. PROPERTY OWNER ACTION. (a) A property owner
in a municipality that violates this subchapter may bring an action
against the municipality for damages incurred due to the violation
and for appropriate equitable relief.
(b) Governmental immunity of the municipality to suit and
from liability is waived to the extent of liability created by this
section.
(c) A court may award a prevailing claimant reasonable
attorney's fees incurred in bringing an action under this section.
SECTION 2. This Act takes effect September 1, 2025.