Relating to the authority of home-rule municipalities to regulate the occupancy of dwelling units, the official text

S.B. No. 1567

AN ACT

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

IN CERTAIN MUNICIPALITIES

Sec. 211.051. DEFINITIONS. In this subchapter:

(1) "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.

(2) "Institution of higher education" has the meaning

assigned by Section 61.003, Education Code.

Sec. 211.052. APPLICABILITY. This subchapter applies only

to a home-rule municipality with a population of less than 250,000:

(1) in which the campus of an institution of higher

education with a student enrollment of more than 20,000 is located;

or

(2) that is adjacent to the campus of an institution of

higher education described by Subdivision (1).

Sec. 211.053. DWELLING UNIT OCCUPANCY REQUIREMENTS. (a)

Except as provided by Subsection (b), a municipality may not adopt

or enforce a zoning ordinance, rule, or other regulation that

limits the number of people who may occupy a dwelling unit based on:

(1) age;

(2) familial status;

(3) occupation;

(4) relationship status; or

(5) whether the occupants are related to each other by

a certain degree of affinity or consanguinity.

(b) A municipality may impose a limit on the number of

occupants of a dwelling unit that is not more restrictive than:

(1) one occupant per sleeping room with a minimum

floor area of 70 square feet; and

(2) one additional occupant for each additional 50

square feet of floor area in the same sleeping room.

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,

Chapter 214;

(2) a fire code;

(3) standards adopted by the Department of State

Health Services; or

(4) local, state, or federal affordable housing

program guidelines.

Sec. 211.055. LEASE REVIEW PROHIBITED. A municipality may

not require a real estate broker, agent, or other third party

fiduciary to submit for review or provide access to a lease or

related document to determine the number of unrelated occupants of

a dwelling unit for the purpose of enforcing a dwelling unit

occupancy requirement.

Sec. 211.056. 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. 211.057. CIVIL ACTION. (a) A person who owns property

in or a tenant who resides in a municipality who is adversely

affected or aggrieved by the municipality's violation of this

subchapter may bring an action against the municipality or an

officer or employee of the municipality in the officer's or

employee's official capacity for relief described by Subsection

(c).

(b) A claimant must bring an action under this section in a

county in which the real property that is the subject of the action

is wholly or partly located.

(c) In an action brought under this section, a court may:

(1) enter a declaratory judgment under Chapter 37,

Civil Practice and Remedies Code;

(2) issue a writ of mandamus compelling a defendant

officer or employee to comply with this subchapter; and

(3) issue an injunction preventing the defendant from

violating this subchapter.

(d) A court shall award reasonable attorney's fees and court

costs incurred in bringing an action under this section to a

prevailing claimant.

(e) The Fifteenth Court of Appeals has exclusive

intermediate appellate jurisdiction over an appeal or original

proceeding arising from an action brought under this section.

SECTION 2. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 1567 passed the Senate on

April 14, 2025, by the following vote: Yeas 30, Nays 1; and that

the Senate concurred in House amendments on May 30, 2025, by the

following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1567 passed the House, with

amendments, on May 28, 2025, by the following vote: Yeas 101,

Nays 29, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor