Bill Text: TX HB2665 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to an interim study of the municipal regulation of short-term rental properties and residential amenity rental properties.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-10 - Received from the House [HB2665 Detail]
Download: Texas-2023-HB2665-Introduced.html
Bill Title: Relating to an interim study of the municipal regulation of short-term rental properties and residential amenity rental properties.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-10 - Received from the House [HB2665 Detail]
Download: Texas-2023-HB2665-Introduced.html
88R8211 SCL-F | ||
By: Gates | H.B. No. 2665 |
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relating to regulation of short-term rental properties by | ||
municipalities and counties; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 7, Local Government Code, is | ||
amended by adding Chapter 247 to read as follows: | ||
CHAPTER 247. REGULATION OF SHORT-TERM RENTAL PROPERTIES | ||
Sec. 247.001. DEFINITIONS. In this chapter: | ||
(1) "Local law" means an ordinance, order, regulation, | ||
or similar measure adopted by a municipality or county. | ||
(2) "Short-term rental property" means a residential | ||
property, including a single-family dwelling or a unit in a | ||
condominium, cooperative, mixed-use development, or time-share, | ||
that is rented wholly or partly for a fee for a period not longer | ||
than 30 consecutive days. The term does not include: | ||
(A) a unit that is used for a nonresidential | ||
purpose, including an educational, health care, retail, | ||
restaurant, banquet space, or event center purpose or another | ||
similar use; | ||
(B) a bed and breakfast; or | ||
(C) a commercial lodging establishment, | ||
including a hotel or motel, that is not taxed as residential | ||
property under Title 1, Tax Code. | ||
Sec. 247.002. CERTAIN LOCAL LAWS AUTHORIZED. A | ||
municipality or county may not adopt or enforce a local law | ||
applicable to a short-term rental property or a residential | ||
property intended to be used as a short-term rental property other | ||
than a local law that requires the owner or operator of the property | ||
to: | ||
(1) register the property as a short-term rental | ||
property, including requiring the registrant to: | ||
(A) identify the property's owner and operator, | ||
and the owner's agent, as applicable; | ||
(B) identify the address of the property; and | ||
(C) pay a reasonable annual administrative fee in | ||
the amount necessary to process and administer the registration, | ||
not to exceed $100 a year; | ||
(2) obtain all required tax registrations, receipts, | ||
or certificates issued by the state, a county, or a municipality; | ||
(3) update the registration when information in the | ||
registration changes; | ||
(4) comply with parking, noise, and solid waste | ||
handling and containment requirements applicable to other | ||
properties as well as short-term rental properties; and | ||
(5) designate and maintain at all times a local | ||
responsible party who: | ||
(A) is domiciled in this state; | ||
(B) resides less than 50 miles from the property; | ||
and | ||
(C) is capable of responding, including by | ||
telephone, to a complaint or other immediate problem not later than | ||
two hours after the complaint is made or the problem arises. | ||
Sec. 247.003. CERTAIN LOCAL LAWS PROHIBITED. Except as | ||
provided by this chapter, a municipality or county may not adopt or | ||
enforce a local law that: | ||
(1) expressly or effectively prohibits the use of a | ||
property as a short-term rental property; | ||
(2) regulates the duration or frequency of use of a | ||
property as a short-term rental property; or | ||
(3) limits the number of occupants in a short-term | ||
rental property. | ||
Sec. 247.004. EFFECT ON HOTEL OCCUPANCY TAXES. This | ||
chapter does not affect the authority of a municipality or county to | ||
impose a hotel occupancy tax on a person using a short-term rental | ||
property in the same manner as the tax is imposed on a person using | ||
other property the use of which is subject to the tax. | ||
Sec. 247.005. CONSTRUCTION OF CHAPTER. (a) This chapter | ||
may not be construed to: | ||
(1) affect regulations of a private entity, including | ||
a property owners' association as defined by Section 202.001, | ||
Property Code; | ||
(2) affect residential tenancies under Chapter 92, | ||
Property Code; or | ||
(3) otherwise limit a property owner's rights under | ||
the laws of this state. | ||
(b) A short-term rental property is subject to applicable | ||
federal, state, and local laws regarding rental discrimination. | ||
This subsection is not intended to: | ||
(1) impose an additional obligation other than an | ||
obligation that exists under applicable federal, state, and local | ||
law; or | ||
(2) create an additional cause of action. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |