By: Springer	H.B. No. 1792

	A BILL TO BE ENTITLED
	AN ACT
	relating to regulation of residential short-term rental units;
	creating offenses and authorizing a fee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 108.001, Business & Commerce Code, is
	amended by amending Subdivision (2) and adding Subdivision (6-a) to
	read as follows:
	(2)  "Commercial lodging establishment" means a hotel,
	motel, inn, residential short-term rental unit, or similar entity
	that offers lodging to the public in exchange for compensation.
	(6-a)  "Residential short-term rental unit" has the
	meaning assigned by Section 341.001, Health and Safety Code.
	SECTION 2.  Section 341.001, Health and Safety Code, is
	amended by adding Subdivision (6-a) to read as follows:
	(6-a)  "Residential short-term rental unit" means a
	residential dwelling, including a single-family residence,
	apartment, residential condominium unit, or other residential real
	estate improvement, in which the public may obtain sleeping
	accommodations in exchange for compensation for a period of less
	than 30 consecutive days. The term applies regardless of whether
	the dwelling was originally constructed or zoned as a residential
	dwelling.
	SECTION 3.  Section 341.066, Health and Safety Code, is
	amended to read as follows:
	Sec. 341.066.  TOURIST COURTS, HOTELS, INNS, [AND] ROOMING
	HOUSES, AND RESIDENTIAL SHORT-TERM RENTAL UNITS. (a) A person
	operating a tourist court, hotel, inn, [or] rooming house, or
	residential short-term rental unit in this state shall:
	(1)  provide a safe and ample water supply for the
	general conduct of the tourist court, hotel, inn, [or] rooming
	house, or residential short-term rental unit; and
	(2)  submit samples of the water at least once a year
	before May 1 to the department for bacteriological analysis.
	(b)  A tourist court, hotel, inn, [and] rooming house, and
	residential short-term rental unit must be equipped with an
	approved system of sewage disposal maintained in a sanitary
	condition.
	(c)  An owner or operator of a tourist court, hotel, inn,
	[or] rooming house, or residential short-term rental unit shall
	keep the premises sanitary and shall provide every practical
	facility essential for that purpose.
	(d)  An owner or operator of a tourist court, hotel, inn,
	[or] rooming house, or residential short-term rental unit who
	provides a gas stove for the heating of a unit in the facility shall
	determine that the stove is properly installed and maintained in a
	properly ventilated room.
	(e)  An owner, operator, or manager of a tourist court,
	hotel, inn, [or] rooming house, or residential short-term rental
	unit shall maintain sanitary appliances located in the facility in
	good repair.
	(f)  Food offered for sale at a tourist court, hotel, inn,
	[or] rooming house, or residential short-term rental unit shall be:
	(1)  adequately protected from flies, dust, vermin, and
	spoilage; and
	(2)  kept in a sanitary condition.
	(g)  An owner, manager, or agent of a tourist court, hotel,
	inn, [or] rooming house, or residential short-term rental unit may
	not rent or furnish a unit to a person succeeding a previous
	occupant before:
	(1)  thoroughly cleaning the unit; and
	(2)  providing clean and sanitary sheets, towels, and
	pillowcases.
	(h)  An owner, operator, or manager of a tourist court,
	hotel, inn, [or] rooming house, or residential short-term rental
	unit shall maintain the facility in a sanitary condition.
	(i)  A tourist court, hotel, inn, [or] rooming house, or
	residential short-term rental unit that does not conform to this
	chapter is a public health nuisance.
	SECTION 4.  Section 791.021(a), Health and Safety Code, is
	amended to read as follows:
	(a)  This section applies to:
	(1)  a hospital;
	(2)  a seminary;
	(3)  a college;
	(4)  an academy;
	(5)  a school;
	(6)  a dormitory;
	(7)  a hotel or other facility for the accommodation of
	transient guests;
	(8)  a lodging house, apartment house, rooming house,
	or boardinghouse;
	(8-a)  a residential short-term rental unit, as defined
	by Section 341.001;
	(9)  a lodge hall;
	(10)  a theater or other public place of amusement; or
	(11)  any other facility used for public gatherings.
	SECTION 5.  Section 792.001(1), Health and Safety Code, is
	amended to read as follows:
	(1)  "Hotel" means a building in which members of the
	public obtain sleeping accommodations for consideration, including
	a hotel, motel, tourist home, tourist house, tourist court, hostel,
	lodging house, rooming house, [or] inn, or residential short-term
	rental unit as defined by Section 341.001. The term does not
	include:
	(A)  a hospital, sanitarium, or nursing home; or
	(B)  a building in which all or substantially all
	of the occupants have the right to use or possess their sleeping
	accommodations for at least 28 consecutive days.
	SECTION 6.  Section 2155.001(a), Occupations Code, is
	amended to read as follows:
	(a)  A hotel owner or keeper or owner of a residential
	short-term rental unit, as defined by Section 2155.151, shall post
	a card or sign in a conspicuous place in each hotel room stating:
	(1)  the daily room rate; and
	(2)  the date the card or sign was posted.
	SECTION 7.  Chapter 2155, Occupations Code, is amended by
	adding Subchapter D to read as follows:
	SUBCHAPTER D. RESIDENTIAL SHORT-TERM RENTAL UNITS
	Sec. 2155.151.  DEFINITIONS. In this subchapter:
	(1)  "Residential short-term rental listing service"
	means a business that maintains an Internet website or mobile
	application that lists and facilitates the rental of residential
	short-term rental units.
	(2)  "Residential short-term rental unit" means a
	residential dwelling, including a single-family residence,
	apartment, residential condominium unit, or other residential real
	estate improvement in which the public may obtain sleeping
	accommodations in exchange for compensation for a period of less
	than 30 consecutive days. The term applies regardless of whether
	the dwelling was originally constructed or zoned as a residential
	dwelling.
	Sec. 2155.152.  COUNTY AND MUNICIPALITY REGULATION. (a)
	This section applies only to:
	(1)  a county with a population of more than one
	million;
	(2)  a county with a population of more than 300,000
	that is adjacent to a county with a population of more than one
	million; and
	(3)  a municipality located in a county described by
	Subdivision (1) or (2).
	(b)  Except as provided by Subsection (c), a county or
	municipality shall:
	(1)  characterize and treat a residential short-term
	rental unit in the same manner as a hotel for purposes of consumer
	protection, public health and human safety, taxation, licensing,
	and zoning and other land use regulations; or
	(2)  adopt an order or ordinance, as applicable, to
	specifically regulate residential short-term rental units.
	(c)  Subsection (b) does not apply to:
	(1)  a residential short-term rental unit that is
	rented for no more than seven nights each calendar year; or
	(2)  a rental agreement for a residential short-term
	rental unit in which:
	(A)  the unit is part of the primary residence of
	the lessor;
	(B)  the unit is less than the entire dwelling;
	(C)  the lessor is generally present for the
	duration of the rental; and
	(D)  if the primary residence includes more than
	one unit, only one unit at the dwelling is rented at one time.
	Sec. 2155.153.  RESIDENTIAL SHORT-TERM RENTAL LISTING
	SERVICES. (a) This section does not apply to a residential
	short-term rental listing service that:
	(1)  is operated by a governmental entity;
	(2)  is operated by a nonprofit organization exempt
	from federal income tax under Section 501(c)(6), Internal Revenue
	Code of 1986:
	(A)  whose members or affiliates do not have a
	direct or indirect pecuniary interest in the listing service, units
	listed by the service, or any other residential short-term rental
	listing service units;
	(B)  that either:
	(i)  is designated as a convention and
	visitors bureau by a county or municipality; or
	(ii)  has an agreement with a governmental
	entity to provide listing services for available lodging on an
	Internet website or mobile application; and
	(C)  that was not created or used with the intent
	to avoid the applicability of this section; or
	(3)  lists only residential short-term rental units
	that are constructed to hotel standards.
	(b)  Before listing a residential short-term rental unit on
	its Internet website or mobile application, a residential
	short-term rental listing service shall obtain an affidavit signed
	by the owner or tenant of the unit that:
	(1)  states that the owner or tenant is in compliance
	with all applicable state and local laws governing the residential
	short-term rental unit, including this subchapter, Chapters 156,
	351, and 352, Tax Code, and any applicable deed restrictions, land
	use covenants, or leases;
	(2)  includes all hotel tax taxpayer identification
	numbers applicable to the unit; and
	(3)  is accompanied by any relevant documentation,
	including a license or certificate of occupancy, to demonstrate
	compliance with an order or ordinance adopted under Section
	2155.152(b).
	(c)  A county or municipality may charge a fee for providing
	a copy of any applicable documentation under Subsection (b)(3).
	(d)  If a governmental entity conducts an audit or seeks to
	identify the owner of a residential short-term rental unit listed
	on a residential short-term rental listing service's Internet
	website or mobile application, the listing service shall comply
	with the audit or investigation and provide any documentation
	requested by the governmental entity that is related to the audit or
	identification.
	(e)  A residential short-term rental listing service shall:
	(1)  obtain a new affidavit that meets the requirements
	of Subsection (b) annually for each listing; and
	(2)  provide the date that each residential short-term
	rental unit last provided an affidavit under this section on the
	unit's listing on the listing service's Internet website or mobile
	application.
	(f)  A person commits an offense if the person violates this
	section. Each day that a violation occurs or continues to occur
	constitutes a separate offense. An offense under this subsection
	is a Class C misdemeanor.
	SECTION 8.  (a)  Except as otherwise provided by this
	section, this Act takes effect September 1, 2015.
	(b)  Section 791.021(a), Health and Safety Code, as amended
	by this Act, takes effect January 1, 2017.