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Texas

Texas

state Allowed Verified · last verified 2026-07-11

Texas has no statewide short-term-rental license or registration requirement and no controlling statewide STR preemption law in effect as of 2026-07-11 — STRs are legal statewide and regulated locally by cities. The only state-level obligation is the 6% state Hotel Occupancy Tax (Tex. Tax Code ch. 156) on rooms costing $15 or more per day, collected by the Texas Comptroller, with an exemption for permanent residents who stay 30+ consecutive days; cities and some counties layer their own local HOT on top. City rules vary widely: Austin requires an operating license (now a two-year license as of Oct 2025) and Houston's first STR registration ordinance (Ord. 2025-322) took effect January 1, 2026 with a $275/year certificate of registration, while Texas counties generally cannot zone unincorporated land, so most STR land-use control sits with cities. Texas case law is generally STR-favorable — in Tarr v. Timberwood Park (Tex. 2018) the Texas Supreme Court held that short-term renting of a single-family home is a residential purpose, and in June 2023 the Court denied Grapevine's petition (City of Grapevine v. Muns), leaving in place an injunction against Grapevine's STR ban pending trial.

Not legal advice. Last verified 2026-07-11 · sources linked below.

Requirements checklist

  • state Statewide STR license / registration Not required
    Fee: — · Renewal: — · Applies to: All short-term rentals in Texas · official page ↗
  • state State Hotel Occupancy Tax collection (Texas Comptroller) Required
    Fee: $0 / n/a · Renewal: Ongoing periodic HOT returns (monthly/quarterly per Comptroller assignment) · Applies to: Anyone renting a room/space (including houses/condos) costing $15 or more per day for stays under 30 days · official page ↗
  • city Austin Short-Term Rental Operating License (example city) Conditional
    Fee: $836.3 / per license (2-year term) · Renewal: Every 2 years (biennial) as of Oct 2025; renewal fee $385.30 · Applies to: STRs in the City of Austin Full Purpose and Limited Purpose Jurisdiction (not required, and no local HOT, in the ETJ) · official page ↗
  • city Houston Short-Term Rental Registration, Ord. 2025-322 (example city) Conditional
    Fee: $275 / annual · Renewal: annual · Applies to: Dwelling units rented for less than 30 consecutive days within Houston city limits · official page ↗

Taxes

TaxRateAdministered byAirbnb remitsVrbo remits
Texas State Hotel Occupancy Tax (HOT) 6% Texas Comptroller of Public Accounts — —
Local (city/county) Hotel Occupancy Tax — Individual Texas cities (and some counties) under Tex. Tax Code ch. 351 / ch. 352 — —

Lodging-tax estimator

Estimate the combined transient/lodging tax (~6.0%) on a stay in Texas. Estimate only — not tax advice.

Operating rules

Primary residence
No
Min stay (nights)
—
Max nights / year
—
Max occupancy
—
Zoning-restricted
No
Cap on licenses
—

Zoning: No statewide STR zoning. Texas counties generally lack authority to zone unincorporated land, so county-level land-use restrictions on STRs are rare; zoning/occupancy limits are set by individual cities inside their limits (e.g., Austin, Houston).

  • No controlling statewide STR preemption law is in effect as of 2026-07-11; STR preemption bills have been filed in prior and recent sessions but none was confirmed as enacted statewide STR-preemption law in this verification pass — re-check current legislation for any given city dispute.
  • Restrictive-covenant/HOA and city-ban litigation is generally STR-favorable: Tarr v. Timberwood Park (Tex. 2018) held short-term rental of a single-family home is a residential use, and in June 2023 the Texas Supreme Court denied Grapevine's petition for review (City of Grapevine v. Muns), leaving an injunction against Grapevine's STR ban in place pending final trial in Tarrant County District Court.
  • Actual occupancy caps, minimum stays, and density/zoning limits exist only at the city level and must be checked per city.

Enforcement

Active enforcement
yes
Fines
No statewide STR enforcement or penalty scheme; enforcement and fines are set and administered by individual cities (e.g., Austin code compliance; Houston's Ord. 2025-322 phases in enforcement, with the city notifying platforms as of April 1, 2026 to remove non-compliant listings within 10 days). State-level enforcement is limited to Comptroller audit/collection of unpaid Hotel Occupancy Tax.
Notes
State enforcement is confined to HOT audit/collection. Land-use and registration enforcement occurs at the city level and varies widely. Houston enforcement ramps through 2026 (registration opened Oct 1, 2025; ordinance effective Jan 1, 2026; platform takedown notices from Apr 1, 2026).

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Frequently asked questions

Is Airbnb legal in Texas?
Texas has no statewide short-term-rental license or registration requirement and no controlling statewide STR preemption law in effect as of 2026-07-11 — STRs are legal statewide and regulated locally by cities. The only state-level obligation is the 6% state Hotel Occupancy Tax (Tex. Tax Code ch. 156) on rooms costing $15 or more per day, collected by the Texas Comptroller, with an exemption for permanent residents who stay 30+ consecutive days; cities and some counties layer their own local HOT on top. City rules vary widely: Austin requires an operating license (now a two-year license as of Oct 2025) and Houston's first STR registration ordinance (Ord. 2025-322) took effect January 1, 2026 with a $275/year certificate of registration, while Texas counties generally cannot zone unincorporated land, so most STR land-use control sits with cities. Texas case law is generally STR-favorable — in Tarr v. Timberwood Park (Tex. 2018) the Texas Supreme Court held that short-term renting of a single-family home is a residential purpose, and in June 2023 the Court denied Grapevine's petition (City of Grapevine v. Muns), leaving in place an injunction against Grapevine's STR ban pending trial.
Do I need a license or registration for a short-term rental in Texas?
Yes — Texas requires: State Hotel Occupancy Tax collection (Texas Comptroller); Austin Short-Term Rental Operating License (example city); Houston Short-Term Rental Registration, Ord. 2025-322 (example city). See the requirements checklist for fees, renewal, and official links.
What taxes apply to short-term rentals in Texas?
Texas State Hotel Occupancy Tax (HOT) (6%), Local (city/county) Hotel Occupancy Tax — roughly 6.0% combined. Use the lodging-tax estimator on this page for a specific stay.

Official sources

Related coverage

Counties & cities Bexar County · Cameron County · Comal County · Dallas County · El Paso County · Galveston County · Gillespie County · Harris County · Nueces County · Tarrant County · Travis County

Informational summary of publicly available sources; not legal advice. Verify against the linked official sources.