Bill Text: TX HB2537 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to county regulation of short-term rental units in the unincorporated area of certain counties; authorizing a civil penalty; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-17 - Referred to County Affairs [HB2537 Detail]
Download: Texas-2021-HB2537-Introduced.html
87R6378 SGM-D | ||
By: Reynolds | H.B. No. 2537 |
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relating to county regulation of short-term rental units in the | ||
unincorporated area of certain counties; authorizing a civil | ||
penalty; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 240, Local Government Code, is amended | ||
by adding Subchapter F to read as follows: | ||
SUBCHAPTER F. REGULATION OF SHORT-TERM RENTAL UNITS IN CERTAIN | ||
COUNTIES | ||
Sec. 240.101. DEFINITIONS. In this subchapter: | ||
(1) "Permit" means a permit issued under this | ||
subchapter for the rental of a short-term rental unit. | ||
(2) "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. | ||
(3) "Unit provider" means a person who rents a | ||
short-term rental unit to another person. | ||
Sec. 240.102. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies only to a county with a population of 585,000 or more that | ||
is adjacent to a county with a population of 4 million or more. | ||
Sec. 240.103. AUTHORITY TO REGULATE SHORT-TERM RENTAL | ||
UNITS. (a) In accordance with this subchapter, the commissioners | ||
court of a county by order may regulate short-term rental units | ||
located in the unincorporated area of the county. | ||
(b) A county regulation applicable to a short-term rental | ||
unit may require the unit provider to: | ||
(1) register the unit and obtain a permit under this | ||
subchapter; and | ||
(2) provide the contact information for the person | ||
responsible for responding to complaints regarding the unit. | ||
(c) If a county adopts a registration requirement for unit | ||
providers under Subsection (b), a unit provider may not rent a | ||
dwelling to another person as a short-term rental unit unless the | ||
unit provider has a permit issued under this subchapter. | ||
Sec. 240.104. REGISTRATION PERMITS; FEES. (a) A county | ||
that adopts a registration requirement under Section | ||
240.103(b)(1): | ||
(1) shall approve or deny a registration application | ||
not later than the 45th calendar day after the date the county | ||
receives the application; and | ||
(2) may require the applicant to affirm that the unit | ||
does not violate any rules or bylaws of any condominium, | ||
cooperative, property owners' association, or other similar entity | ||
that has jurisdiction over the property in which the unit is | ||
located. | ||
(b) If the county approves a registration application, the | ||
county shall issue to the applicant a permit that is valid for at | ||
least one year. | ||
(c) A county may not charge a registration fee in an amount | ||
greater than the lesser of: | ||
(1) the amount to cover the administrative costs of | ||
enforcing the registration requirement; or | ||
(2) $450. | ||
(d) A county may not restrict the number of permits issued | ||
under this subchapter. | ||
(e) If a county fails to approve or deny a registration | ||
application in accordance with Subsection (a)(1), the registration | ||
is considered approved. | ||
(f) A permit holder may not transfer a permit to another | ||
person. | ||
Sec. 240.105. COMPLAINTS. (a) A county that adopts a | ||
registration requirement under Section 240.103 shall maintain an | ||
Internet website or a telephone hotline that provides the contact | ||
information of permit holders to members of the public for the | ||
purpose of contacting permit holders regarding complaints about | ||
short-term rental units. | ||
(b) A permit holder shall keep the permit holder's current | ||
contact information on file with the county, including the permit | ||
holder's name, telephone number, and e-mail address. | ||
Sec. 240.106. ENFORCEMENT; CIVIL PENALTY. (a) A county may | ||
suspend a permit for a period not to exceed one year if the permit | ||
holder violates a regulation adopted under this subchapter. | ||
(b) A county may assess a civil penalty against a permit | ||
holder not to exceed $200 per day for a violation under this | ||
subchapter. | ||
Sec. 240.107. CONSTRUCTION OF SUBCHAPTER. This subchapter | ||
does not prohibit: | ||
(1) a condominium, cooperative, property owners' | ||
association, or other similar entity from prohibiting or otherwise | ||
restricting an owner of property within the entity's jurisdiction | ||
from using the property as a short-term rental unit; | ||
(2) a lessor, through the terms of a lease agreement, | ||
from restricting the use of the leased property as a short-term | ||
rental unit; or | ||
(3) 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. | ||
SECTION 2. This Act takes effect September 1, 2021. |