| 4 | 9 | | |
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| 5 | 10 | | |
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| 6 | 11 | | A BILL TO BE ENTITLED |
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| 7 | 12 | | AN ACT |
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| 8 | 13 | | relating to the authority of home-rule municipalities to regulate |
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| 9 | 14 | | the occupancy of dwelling units. |
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| 10 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 16 | | SECTION 1. Chapter 211, Local Government Code, is amended |
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| 12 | 17 | | by adding Subchapter D to read as follows: |
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| 13 | 18 | | SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS RELATED TO OCCUPANCY |
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| 14 | 19 | | IN CERTAIN MUNICIPALITIES |
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| 15 | 20 | | Sec. 211.051. DEFINITIONS. In this subchapter: |
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| 16 | 21 | | (1) "Dwelling unit" means a house, apartment unit, or |
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| 17 | 22 | | any unit in a multiunit residential structure. The term does not |
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| 18 | 23 | | include a unit in a hotel, motel, or other establishment in which |
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| 19 | 24 | | more than half of the units are intended to be used for transient |
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| 20 | 25 | | accommodations. |
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| 21 | 26 | | (2) "University" means an institution of higher |
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| 22 | 27 | | education, as defined by Section 61.003, Education Code. |
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| 23 | 28 | | Sec. 211.052. APPLICABILITY. This subchapter applies only |
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| 24 | 29 | | to a home-rule municipality in which a university campus is |
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| 25 | 30 | | located. |
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| 26 | 31 | | Sec. 211.053. DWELLING UNIT OCCUPANCY REQUIREMENTS. (a) |
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| 27 | 32 | | Except as provided by Subsection (b), a municipality may not adopt |
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| 28 | 33 | | or enforce a zoning ordinance, rule, or other regulation that |
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| 29 | 34 | | limits the number of people who may occupy a dwelling unit based on: |
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| 30 | 35 | | (1) age; |
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| 31 | 36 | | (2) familial status; |
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| 32 | 37 | | (3) occupation; |
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| 33 | 38 | | (4) relationship status; or |
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| 34 | 39 | | (5) whether the occupants are related to each other by |
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| 35 | 40 | | a certain degree of affinity or consanguinity. |
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| 36 | 41 | | (b) A municipality may impose a limit on the number of |
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| 37 | 42 | | occupants of a dwelling unit that is not more restrictive than: |
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| 38 | 43 | | (1) one occupant per sleeping room with a minimum |
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| 39 | 44 | | floor area of 70 square feet; and |
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| 40 | 45 | | (2) one additional occupant for each additional 50 |
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| 41 | 46 | | square feet of floor area in the same sleeping room. |
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| 42 | 47 | | Sec. 211.054. NO EFFECT ON OTHER ZONING AUTHORITY. This |
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| 43 | 48 | | subchapter does not prohibit a municipality from imposing a limit |
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| 44 | 49 | | on the number of people who may occupy a dwelling unit based on |
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| 45 | 50 | | health and safety standards contained in: |
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| 46 | 51 | | (1) a building code as adopted under Subchapter G, |
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| 47 | 52 | | Chapter 214; |
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| 48 | 53 | | (2) a fire code; |
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| 49 | 54 | | (3) standards adopted by the Department of State |
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| 50 | 55 | | Health Services; or |
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| 51 | 56 | | (4) local, state, or federal affordable housing |
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| 52 | 57 | | program guidelines. |
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| 53 | 58 | | Sec. 211.055. LEASE REVIEW PROHIBITED. A municipality may |
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| 54 | 59 | | not require a real estate broker, agent, or other third party |
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| 55 | 60 | | fiduciary to submit for review or provide access to a lease or |
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| 56 | 61 | | related document to determine the number of unrelated occupants of |
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| 57 | 62 | | a dwelling unit for the purpose of enforcing a dwelling unit |
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| 58 | 63 | | occupancy requirement. |
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| 59 | 64 | | Sec. 211.056. NO EFFECT ON PROPERTY OWNERS' ASSOCIATIONS |
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| 60 | 65 | | AND OTHER PRIVATE AGREEMENTS. This subchapter does not prohibit a |
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| 61 | 66 | | property owner from enforcing rules or deed restrictions imposed by |
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| 62 | 67 | | a property owners' association or by other private agreement. |
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| 63 | 68 | | Sec. 211.057. PROPERTY OWNER ACTION. (a) A property owner |
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| 64 | 69 | | in a municipality that violates this subchapter may bring an action |
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| 65 | 70 | | against the municipality for damages incurred due to the violation |
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| 66 | 71 | | and for appropriate equitable relief. |
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| 67 | 72 | | (b) Governmental immunity of the municipality to suit and |
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| 68 | 73 | | from liability is waived to the extent of liability created by this |
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| 69 | 74 | | section. |
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| 70 | 75 | | (c) A court may award a prevailing claimant reasonable |
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| 71 | 76 | | attorney's fees incurred in bringing an action under this section. |
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| 72 | 77 | | SECTION 2. This Act takes effect September 1, 2025. |
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