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HB 5438

AN ACT relating to restrictions on residential leasing in property owners'

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

relating to restrictions on residential leasing in property owners'

Bill Text

relating to restrictions on residential leasing in property owners'
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 202, Property Code, is amended by adding
Sec. 202.0231.  REGULATION OF RESIDENTIAL LEASING.
(a)  A property owners' association may not establish,
include, adopt, or enforce a provision in a dedicatory instrument,
or construe a restricted covenant as, prohibiting an owner from
executing a residential lease of at least six months.
(b)  If an owner chooses to execute a residential lease with
one or more tenants, a property owners' association may not
establish, include, adopt, or enforce a provision in a dedicatory
instrument that imposes occupancy limits beyond those in Property
SECTION 2.  (a)  This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to restrictions on residential leasing in property owners'