Bill Text: TX HB2367 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the regulation of residential amenity rentals by a political subdivision; authorizing a fee; authorizing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-29 - Left pending in committee [HB2367 Detail]
Download: Texas-2023-HB2367-Introduced.html
By: Lozano | H.B. No. 2367 |
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relating to the regulation of residential amenity rentals by a | ||
political subdivision; authorizing a fee; authorizing a civil | ||
penalty. | ||
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 RESIDENTIAL AMENITY RENTALS | ||
Sec. 247.001. DEFINITIONS. In this chapter: | ||
(1) "Listing service" means a person who facilitates | ||
the renting of a residential amenity rental, including by listing | ||
residential amenity rentals on an Internet website. | ||
(2) "Provider" means a person who rents a residential | ||
amenity rental to another person. | ||
(3) "Residential amenity rental" or "rental" means a | ||
feature or facility: | ||
(A) that is part of a property used or designed to | ||
be used as the home of a person, family, or household, including a | ||
single-family dwelling; and | ||
(B) that is rented for a period of less than 15 | ||
hours and not for the purpose of providing sleeping accommodations | ||
to a tenant. | ||
Sec. 247.002. APPLICABILITY. This chapter applies to a | ||
political subdivision that has the authority to enact an ordinance, | ||
order, rule, or other requirement regarding zoning or other land | ||
use in its jurisdiction. | ||
Sec. 247.003. AUTHORIZED LOCAL REGULATIONS. (a) A | ||
political subdivision may require a provider to, before renting a | ||
residential amenity rental to another person: | ||
(1) register the rental as provided by Section | ||
247.004; | ||
(2) designate an emergency contact responsible for | ||
responding to complaints regarding the rental; and | ||
(3) provide proof that written notice was given to | ||
each owner of property that shares a common boundary with the | ||
property where the rental is located of the provider's intent to use | ||
the property as a residential amenity rental. | ||
(b) A political subdivision may: | ||
(1) prohibit a provider from serving food to a tenant | ||
of a residential amenity rental unless serving food commercially at | ||
the rental is otherwise authorized by law. | ||
Sec. 247.004. RESIDENTIAL AMENITY RENTAL REGISTRATION. (a) | ||
A political subdivision that adopts a registration requirement | ||
under Section 247.003(a)(1): | ||
(1) shall approve a registration application unless | ||
the provider is in violation of a regulation authorized under | ||
Section 247.003; | ||
(2) may charge a nominal registration fee not to | ||
exceed the amount sufficient to cover the costs of administering | ||
the registration requirement; and | ||
(3) may maintain an Internet website or telephone | ||
hotline that enables a member of the public to file a complaint | ||
regarding a residential amenity rental. | ||
(b) A political subdivision shall approve or deny a | ||
registration application in accordance with Subsection (a)(1) not | ||
later than the 30th day after the date the political subdivision | ||
receives the application. If the political subdivision fails to | ||
respond in accordance with this subsection, the registration is | ||
considered approved. | ||
(c) If a political subdivision requires a provider to | ||
register under this chapter, the registration must be valid for at | ||
least one year. | ||
(d) A political subdivision may suspend a registration | ||
issued under this chapter only in accordance with Section 247.007. | ||
Sec. 247.005. PROHIBITED LOCAL REGULATIONS; BURDEN OF | ||
PROOF. (a) Except as provided by this chapter, a political | ||
subdivision may not adopt or enforce an ordinance, order, or rule | ||
that: | ||
(1) prohibits or limits the use of a property as a | ||
residential amenity rental; or | ||
(2) applies to residential amenity rental providers, | ||
residential amenity rental tenants, or other persons associated | ||
with residential amenity rentals in a manner that is more | ||
restrictive or otherwise inconsistent with the application of the | ||
law to other similarly situated persons. | ||
(b) In a legal action challenging the adoption or | ||
enforcement of an ordinance, order, or rule under this chapter, the | ||
political subdivision has the burden of proving by clear and | ||
convincing evidence that the ordinance, order, or rule meets the | ||
requirements of this chapter. | ||
Sec. 247.006. CONFLICT OF LAW. (a) To the extent of a | ||
conflict between any regulation adopted under this chapter by a | ||
county and any regulation adopted under this chapter by a political | ||
subdivision other than a county, the county regulation controls. | ||
(b) To the extent of a conflict between any regulations | ||
adopted under this chapter by two or more political subdivisions | ||
other than a county, the less stringent limitation or requirement | ||
controls. | ||
Sec. 247.007. ENFORCEMENT; CIVIL PENALTY. (a) A political | ||
subdivision may assess a civil penalty against a provider for a | ||
violation of an ordinance, order, or rule adopted by the political | ||
subdivision that is the direct result of the operation of the | ||
residential amenity rental. A civil penalty assessed under this | ||
section is in addition to any penalty imposed for the violation of | ||
an ordinance, order, or rule adopted under authority other than | ||
this chapter. | ||
(b) Except as provided by Subsection (c), a civil penalty | ||
issued under this section must be in a reasonable amount, not to | ||
exceed $200 per violation. | ||
(c) For a second violation that is the direct result of the | ||
operation of the residential amenity rental, a political | ||
subdivision may assess an increased civil penalty, not to exceed | ||
$400. | ||
(d) For a third violation that is the direct result of the | ||
operation of the residential amenity rental, a political | ||
subdivision may: | ||
(1) suspend the registration of a provider for a | ||
period not to exceed one year; or | ||
(2) prohibit the continued use of the property as a | ||
residential amenity rental by the same provider. | ||
(e) To assess a civil penalty, suspend a registration, or | ||
prohibit the continued use of a property as a residential amenity | ||
rental under this section, the political subdivision has the burden | ||
of proof of demonstrating that the violation was a direct result of | ||
the residential amenity rental's operation. | ||
(f) A political subdivision may not assess a penalty on a | ||
provider, suspend a registration, or prohibit the continued use of | ||
a property as a residential amenity rental under this section until | ||
the provider has exhausted all appeal rights for the underlying | ||
violation. | ||
SECTION 2. This Act takes effect September 1, 2023. |