Bill > HB2797

This bill establishes new limitations on how home-rule municipalities in Texas can regulate residential dwelling unit occupancy. Specifically, municipalities cannot create zoning ordinances that restrict the number of occupants in a dwelling unit based on age, familial status, occupation, relationship status, or whether occupants are related. However, municipalities can impose occupancy limits based on a specific formula: one occupant per sleeping room with at least 70 square feet, plus one additional occupant for every extra 50 square feet of floor space in that room. The bill still allows municipalities to enforce occupancy limits related to health and safety standards from building codes, fire codes, state health department standards, and housing program guidelines. Additionally, the bill prohibits municipalities from requiring real estate professionals to submit lease documents to verify occupancy, and it does not prevent property owners' associations from enforcing their own occupancy rules. Property owners can sue a municipality that violates these provisions, with potential damages and attorney's fees, and the municipality's governmental immunity is waived for such suits. The law will take effect on September 1, 2025, and applies only to home-rule municipalities in Texas, which are cities with their own charters and greater local regulatory autonomy.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2797