Bill Text: TX SB451 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to regulation of short-term rentals and short-term rental marketplaces by municipalities and counties.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2017-05-09 - Referred to Urban Affairs [SB451 Detail]
Download: Texas-2017-SB451-Introduced.html
Bill Title: Relating to regulation of short-term rentals and short-term rental marketplaces by municipalities and counties.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2017-05-09 - Referred to Urban Affairs [SB451 Detail]
Download: Texas-2017-SB451-Introduced.html
85R4888 SCL-F | ||
By: Hancock | S.B. No. 451 |
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relating to regulation of short-term rentals by municipalities and | ||
counties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 250, Local Government Code, is amended | ||
by adding Section 250.008 to read as follows: | ||
Sec. 250.008. REGULATION OF SHORT-TERM RENTALS. (a) In | ||
this section: | ||
(1) "Local law" means an ordinance, order, regulation, | ||
or similar measure. | ||
(2) "Short-term rental" means a residential property, | ||
including a single-family dwelling or a unit in a condominium, | ||
cooperative, or time-share, that is rented wholly or partly for a | ||
fee for a period not longer than 30 consecutive days. | ||
(b) A municipality or county may not adopt or enforce a | ||
local law that expressly or effectively prohibits the use of a | ||
property as a short-term rental. Except as provided by this | ||
section, a municipality or county may not adopt or enforce a local | ||
law that restricts the use of or otherwise regulates a short-term | ||
rental based on the short-term rental's classification, use, or | ||
occupancy. | ||
(c) A municipality or county may adopt or enforce a local | ||
law that specifically regulates property used as a short-term | ||
rental only if the county or municipality demonstrates that the | ||
local law's primary purpose is to protect the public's health and | ||
safety. Local laws authorized by this subsection include | ||
regulations: | ||
(1) addressing: | ||
(A) fire and building codes; | ||
(B) health and sanitation; | ||
(C) traffic control; and | ||
(D) solid or hazardous waste and pollution | ||
control; and | ||
(2) requiring the designation of an emergency contact | ||
for the property. | ||
(d) A municipality or county may adopt or enforce a local | ||
law that limits or prohibits the use of a short-term rental only if | ||
the law limits or prohibits the use of a rental for the purpose of: | ||
(1) housing sex offenders; | ||
(2) operating a structured sober living home or | ||
similar enterprise; | ||
(3) selling illegal drugs; | ||
(4) selling alcohol or another activity that requires | ||
a permit or license under the Alcoholic Beverage Code; or | ||
(5) operating as a sexually oriented business. | ||
(e) A municipality or county shall apply a local law | ||
regulating land use to a short-term rental in the same manner as | ||
another similar property. A local law described by this subsection | ||
includes regulations on: | ||
(1) residential use and other zoning matters; | ||
(2) noise; | ||
(3) property maintenance; and | ||
(4) nuisance. | ||
(f) This section may not be construed to affect regulations | ||
of a private entity, including a property owners' association as | ||
defined by Section 204.004, Property Code. | ||
SECTION 2. This Act takes effect September 1, 2017. |