Texas Legislature Wants Kibosh on Local Short Term Rental Bans

The Texas Neighborhood Coalition is a nemesis of short-term rental properties like Airbnb or Vrbo.

Members of the statewide coalition voiced their disapproval of two proposals in the Texas Legislature that would circumvent local regulations related to short-term rentals, during a recent public hearing at the State Capitol, the Dallas Morning News reported. Coalition co-founder Dave Schwarte referred to one of the proposals as “anti-neighborhood on steroids.”

One proposal, HB 2367, would prevent municipalities from regulating residential amenity rentals, granting homeowners the right to use their properties for an array of commercial purposes.

The proposal would eliminate local control of land use and residential zoning, and it would turn neighborhoods into commercial areas, said Andrew Muras, a coalition leader who lives in Grapevine.

Rep. J.M. Lozano, a Republican from Portland, Texas, who authored the bill, pushed back against Schwarte’s claim that it is “anti-neighborhood.”

“This is simply allowing a homeowner, if they have a gazebo, if they have a garage, if they want to be able to host in their backyard for photo sessions,” Lozano said. “It still allows the cities to maintain their zoning.”

Another short-term rental proposal moving through the legislature is HB 2789, which involves the regulation of accessory dwelling units in places that are zoned for single-family homes. Under the proposal, municipalities couldn’t prohibit guest houses from being used for short-term rentals.

Coalition members said HB 2789 acts as an enabler for house parties or mini-hotels at the expense of neighbors.

“You end up with another parade of complete strangers right next door, and they can rent the property for up to 15 hours a day with no limits on the time,” Schwarte told the outlet. “So, party starts at 6 at night and, what, ends at 9 o’clock in the morning?”

The cities of Dallas and Plano have considered short-term rental bans. Legalities related to banning them remain questionable, as several Texas cities have faced litigation for their regulations, the outlet said.

—Quinn Donoghue