H.B. No. 2797 introduces new regulations for home-rule municipalities in Texas regarding the occupancy of dwelling units. The bill adds a new subchapter to Chapter 211 of the Local Government Code, which defines a "dwelling unit" and outlines the limitations municipalities can impose on occupancy. Specifically, it prohibits municipalities from adopting zoning ordinances that limit the number of occupants based on age, familial status, occupation, relationship status, or the degree of relatedness among occupants. However, municipalities may set occupancy limits that are not more restrictive than one occupant per sleeping room with a minimum floor area of 70 square feet, plus one additional occupant for every additional 50 square feet.

The bill also clarifies that municipalities can still enforce health and safety standards through building codes, fire codes, and other guidelines without conflicting with the new occupancy regulations. Additionally, it prohibits municipalities from requiring real estate brokers or agents to submit leases for review to determine the number of unrelated occupants. Property owners are allowed to enforce rules set by property owners' associations or private agreements. Furthermore, property owners can take legal action against municipalities for violations of this subchapter, with the possibility of recovering damages and attorney's fees. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: ()
House Committee Report: ()