HB2797 - Relating to the authority of home-rule municipalities to regulate the occupancy of dwelling units.

  89R21936 DRS-F     By: Vasut H.B. No. 2797     Substitute the following for H.B. No. 2797:     By:  Gates C.S.H.B. No. 2797       A BILL TO BE ENTITLED   AN ACT   relating to the authority of home-rule municipalities to regulate   the occupancy of dwelling units.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 211, Local Government Code, is amended   by adding Subchapter D to read as follows:   SUBCHAPTER D.     RESIDENTIAL ZONING LIMITATIONS RELATED TO OCCUPANCY   IN CERTAIN MUNICIPALITIES           Sec.   211.051.     DEFINITION.   In this subchapter, "dwelling     unit" means a house, apartment unit, or any unit in a multiunit   residential structure. The term does not include a unit in a hotel,   motel, or other establishment in which more than half of the units   are intended to be used for transient accommodations.           Sec.   211.052.     APPLICABILITY.   This subchapter applies only   to a home-rule municipality.           Sec.   211.053.     DWELLING UNIT OCCUPANCY REQUIREMENTS.   (a)     Except as provided by Subsection (b), a municipality may not adopt   or enforce a zoning ordinance, rule, or other regulation that   limits the number of people who may occupy a dwelling unit based on:                 (1)  age;                 (2)  familial status;                 (3)  occupation;                 (4)  relationship status; or                 (5)     whether the occupants are related to each other by   a certain degree of affinity or consanguinity.           (b)     A municipality may impose a limit on the number of   occupants of a dwelling unit that is not more restrictive than:                 (1)     one occupant per sleeping room with a minimum   floor area of 70 square feet; and                 (2)     one additional occupant for each additional 50   square feet of floor area in the same sleeping room.           Sec.   211.054.     NO EFFECT ON OTHER ZONING AUTHORITY.   This   subchapter does not prohibit a municipality from imposing a limit   on the number of people who may occupy a dwelling unit based on   health and safety standards contained in:                 (1)     a building code as adopted under Subchapter G,   Chapter 214;                 (2)  a fire code;                 (3)     standards adopted by the Department of State   Health Services; or                 (4)     local, state, or federal affordable housing   program guidelines.           Sec.   211.055.     LEASE REVIEW PROHIBITED. A municipality may   not require a real estate broker, agent, or other third party   fiduciary to submit for review or provide access to a lease or   related document to determine the number of unrelated occupants of   a dwelling unit for the purpose of enforcing a dwelling unit   occupancy requirement.           Sec.   211.056.     NO EFFECT ON PROPERTY OWNERS' ASSOCIATIONS   AND OTHER PRIVATE AGREEMENTS.   This subchapter does not prohibit a   property owner from enforcing rules or deed restrictions imposed by   a property owners' association or by other private agreement.           Sec.   211.057.     PROPERTY OWNER ACTION.   (a)   A property owner   in a municipality that violates this subchapter may bring an action   against the municipality for damages incurred due to the violation   and for appropriate equitable relief.           (b)     Governmental immunity of the municipality to suit and   from liability is waived to the extent of liability created by this   section.           (c)     A court may award a prevailing claimant reasonable   attorney's fees incurred in bringing an action under this section.          SECTION 2.  This Act takes effect September 1, 2025.