HB 2797

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
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
Sec. 211.053.  DWELLING UNIT OCCUPANCY REQUIREMENTS.  A
municipality may not adopt or enforce a zoning ordinance, rule, or
other regulation that limits the number of people who may occupy a
(5)  whether the occupants are related to each other by
a certain degree of affinity or consanguinity.
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,
(3)  standards adopted by the Department of State
(4)  local, state, or federal affordable housing
Sec. 211.055.  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. 211.056.  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
(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.