Bill Text: TX HB2515 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to short-term rental units that violate municipal ordinances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-27 - Left pending in committee [HB2515 Detail]
Download: Texas-2021-HB2515-Introduced.html
87R6332 SCL-D | ||
By: Shaheen | H.B. No. 2515 |
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relating to short-term rental units that violate municipal | ||
ordinances. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle B, Title 5, Business & Commerce Code, is | ||
amended by adding Chapter 95 to read as follows: | ||
CHAPTER 95. SHORT-TERM RENTAL UNITS | ||
Sec. 95.001. DEFINITIONS. In this chapter: | ||
(1) "Short-term rental unit" means a residence, | ||
including a single-family residence or a unit in an apartment, | ||
condominium, cooperative, timeshare, or other multiunit | ||
residential building, that is 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: | ||
(A) lists a short-term rental unit that is not | ||
owned by the person on an Internet website, application, or | ||
software for the purpose of facilitating the rental of the unit on | ||
behalf of the unit's owner; and | ||
(B) collects a fee from the owner for the rental | ||
of the unit or for the listing service. | ||
Sec. 95.002. REMOVAL OF LISTING REQUIRED. On the receipt of | ||
notice under Section 215.007, Local Government Code, of a third | ||
violation of a municipal ordinance within a one-year period | ||
involving a short-term rental unit that is listed by a short-term | ||
rental unit listing service, the listing service shall remove the | ||
unit from the listing service's Internet website, application, or | ||
other online platform for at least 30 days. | ||
Sec. 95.003. INJUNCTION. (a) The following persons may | ||
bring an action under Subsection (b): | ||
(1) a person who has incurred a loss or disruption of | ||
the conduct of the person's business as a result of a violation of a | ||
municipal ordinance involving a short-term rental unit; or | ||
(2) another person who has been harmed by a violation | ||
of a municipal ordinance involving a short-term rental unit. | ||
(b) A person described by Subsection (a) may bring an action | ||
for appropriate injunctive relief against the owner of a short-term | ||
rental unit that is the subject of three or more violations of | ||
municipal ordinances within a one-year period. The person bringing | ||
the action may seek and recover reasonable attorney's fees and | ||
court costs. | ||
SECTION 2. Subchapter A, Chapter 215, Local Government | ||
Code, is amended by adding Section 215.007 to read as follows: | ||
Sec. 215.007. NOTICE OF SHORT-TERM RENTAL UNIT VIOLATIONS. | ||
(a) In this section: | ||
(1) "Short-term rental unit" means a residence, | ||
including a single-family residence or a unit in an apartment, | ||
condominium, cooperative, timeshare, or other multiunit | ||
residential building, that is 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: | ||
(A) lists a short-term rental unit that is not | ||
owned by the person on an Internet website, application, or | ||
software for the purpose of facilitating the rental of the unit on | ||
behalf of the unit's owner; and | ||
(B) collects a fee from the owner for the rental | ||
of the unit or for the listing service. | ||
(b) A municipality shall provide written notice to a | ||
short-term rental unit listing service of a violation of a | ||
municipal ordinance involving a short-term rental unit listed on | ||
the listing service. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
conduct violating an ordinance that occurs on or after the | ||
effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2021. |