Bill Text: TX HB3169 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to regulation of short-term rental units by certain municipalities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-11 - Postponed 6/9/23 10:00 AM [HB3169 Detail]
Download: Texas-2023-HB3169-Comm_Sub.html
| 88R20382 MZM-F | |||
| By: Landgraf | H.B. No. 3169 | ||
| Substitute the following for H.B. No. 3169: | |||
| By: Lozano | C.S.H.B. No. 3169 | ||
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| relating to regulation of short-term rental units by certain | ||
| municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 7, Local Government Code, is | ||
| amended by adding Chapter 218 to read as follows: | ||
| CHAPTER 218. REGULATION OF SHORT-TERM RENTAL UNITS | ||
| Sec. 218.001. DEFINITIONS. In this chapter: | ||
| (1) "Short-term rental unit" means a dwelling that is: | ||
| (A) used or designed to be used as the home of a | ||
| person, family, or household, including a single-family dwelling or | ||
| a unit in a multi-unit building, including an apartment, | ||
| condominium, cooperative, or timeshare; and | ||
| (B) rented wholly or partly for a fee and for a | ||
| period of less than 30 consecutive days. | ||
| (2) "Short-term rental unit listing service" means a | ||
| person who facilitates, including by listing short-term rental | ||
| units on an Internet website, the rental of a short-term rental | ||
| unit. | ||
| Sec. 218.002. APPLICATION OF CHAPTER. This chapter applies | ||
| only to a municipality that: | ||
| (1) has a population of less than 1,000; and | ||
| (2) borders Lake Travis. | ||
| Sec. 218.003. AUTHORIZED MUNICIPAL LAWS. (a) In regard to | ||
| a short-term rental unit, a municipality may prohibit: | ||
| (1) the use of the unit to promote activities that are | ||
| illegal under municipal or other law; | ||
| (2) the provision or management of the unit by a | ||
| registered sex offender or any person having been convicted of a | ||
| felony; | ||
| (3) the serving of food to a tenant unless the serving | ||
| of food at the unit is otherwise authorized by municipal law; | ||
| (4) the rental of the unit to a person younger than 18 | ||
| years of age; or | ||
| (5) the rental of the unit for less than 24 hours. | ||
| (b) In regard to a short-term rental unit, a municipality | ||
| may require: | ||
| (1) a unit provider to: | ||
| (A) designate an emergency contact responsible | ||
| for responding to complaints regarding the unit; and | ||
| (B) have the unit inspected on an annual basis by | ||
| the local building code department or fire marshal, as applicable, | ||
| to verify that the unit meets state and municipal requirements; and | ||
| (2) either: | ||
| (A) a unit provider or property manager on the | ||
| provider's behalf to maintain property and liability insurance for | ||
| the unit in an amount required by the municipality; or | ||
| (B) the unit provider to provide proof that the | ||
| short-term rental unit listing service that lists the unit is | ||
| maintaining property and liability insurance for the unit in an | ||
| amount required by the municipality. | ||
| Sec. 218.004. PROHIBITED MUNICIPAL LAWS. Except as | ||
| provided by this chapter, a municipality may not: | ||
| (1) adopt or enforce an ordinance, rule, or other | ||
| measure that: | ||
| (A) prohibits or limits the use of property as a | ||
| short-term rental unit; or | ||
| (B) is applicable solely to short-term rental | ||
| units, or short-term rental unit providers, short-term rental unit | ||
| tenants, or other persons associated with short-term rental units; | ||
| or | ||
| (2) apply a municipal law, including a noise | ||
| restriction, parking requirement, or building code requirement, or | ||
| other law to short-term rental units or short-term rental unit | ||
| providers, short-term rental unit tenants, or other persons | ||
| associated with short-term rental units in a manner that is more | ||
| restrictive or otherwise inconsistent with the application of the | ||
| law to other similarly situated property or persons. | ||
| Sec. 218.005. CONSTRUCTION OF CHAPTER. (a) This chapter | ||
| does not prohibit: | ||
| (1) a lessor, through the terms of a lease agreement, | ||
| from restricting the use of the leased property as a short-term | ||
| rental unit; or | ||
| (2) a property owner from placing a restrictive | ||
| covenant or easement on the property that restricts the future use | ||
| of the property as a short-term rental unit. | ||
| (b) This chapter does not prohibit a municipality from | ||
| contracting with a third party to provide services that assist in | ||
| ensuring compliance with municipal requirements imposed in | ||
| accordance with this chapter. The third party may be a short-term | ||
| rental unit listing service. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
