Texas · New Braunfels
New Braunfels
New Braunfels prohibits short-term rentals (rental of a one- or two-family dwelling for fewer than 30 consecutive days) in ALL residential zoning districts; STRs may legally operate only in non-residential zoning districts, and there a Special Use Permit is required except in the C-4, C-4A, and C-4B districts. Every operating STR must obtain a city STR permit before advertising and pass an annual life-safety/fire inspection (initial permit + inspection $206; annual renewal $128), carry commercial general liability insurance of at least $500,000 per occurrence, and STRs are barred in the floodway. Lodging is taxed at a combined 13%: the City Hotel Occupancy Tax of 7% of gross receipts plus the Texas state HOT of 6%. The residential ban has survived litigation — on June 18, 2026 the U.S. Fifth Circuit Court of Appeals affirmed summary judgment for the city in Marfil v. City of New Braunfels (No. 25-50025), holding Texas law recognizes no protected property interest in short-term leasing and that the ordinance survives rational-basis review.
Not legal advice. Last verified 2026-07-11 · sources linked below.
Requirements checklist
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city Short-Term Rental Permit Required
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city Annual Life-Safety / Fire Inspection Required
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city Special Use Permit (SUP) Conditional
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city Commercial General Liability Insurance Required
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city City Hotel Occupancy Tax Registration / Monthly Filing Required
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state Texas State Hotel Occupancy Tax Registration Required
Taxes
| Tax | Rate | Administered by | Airbnb remits | Vrbo remits |
|---|---|---|---|---|
| Texas State Hotel Occupancy Tax | 6% | Texas Comptroller of Public Accounts | — | — |
| City of New Braunfels Hotel Occupancy Tax | 7% | City of New Braunfels (Finance/Hotel Tax) | — | — |
Lodging-tax estimator
Estimate the combined transient/lodging tax (~13.0%) on a stay in New Braunfels. Estimate only — not tax advice.
Operating rules
- Primary residence
- —
- Min stay (nights)
- —
- Max nights / year
- —
- Max occupancy
- Maximum occupancy of two (2) adults per sleeping area, plus an additional two (2) adults.
- Zoning-restricted
- Yes
- Cap on licenses
- —
Grandfathering: The New Braunfels STR ordinance was originally enacted in 2006 and amended in 2011 (dates confirmed in the Fifth Circuit's Marfil opinion). Note: the draft's prior claim that Texas courts recognize a 'vested property interest' for pre-existing STR owners is NOT supported and is contradicted by Marfil v. City of New Braunfels (5th Cir. 2026), which held Texas law recognizes no protected property interest in the right to short-term-lease one's home; any lawful nonconforming-use protection would arise under general zoning law, not from a confirmed STR-specific vested right.
Zoning: STRs are prohibited in ALL residential zoning districts. They are permitted only in non-residential zoning districts, and there a Special Use Permit is required except in the C-4, C-4A, and C-4B districts. STRs are also prohibited in the floodway (not merely the floodplain). An STR is defined as a one- or two-family dwelling rented for fewer than 30 consecutive days.
- A minimum of one off-street parking space (not including the garage) must be provided per sleeping area.
- A decal displaying emergency contact information must be visible at the entry.
- The residential STR restrictions were upheld by the U.S. Fifth Circuit Court of Appeals on June 18, 2026 in Marfil v. City of New Braunfels (No. 25-50025), affirming summary judgment for the city.
Enforcement
- Active enforcement
- yes
- Fines
- Late city HOT filing incurs escalating penalties: $50 on day 1 late, $75 on day 31, $100 on day 61, and 15% of the assessed Hotel Occupancy Tax (plus separate misdemeanor charges) by day 91. Operating an unpermitted STR or advertising before permitting violates the zoning ordinance (Ch. 144) and is subject to code enforcement.
- Notes
- The city runs a dedicated STR program and public STR map, requires a permit before advertising, and has a Code Compliance division. The city has actively defended and enforced the residential restrictions through litigation, prevailing at the Fifth Circuit on June 18, 2026 (Marfil v. City of New Braunfels, No. 25-50025).
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Frequently asked questions
Is Airbnb legal in New Braunfels?
Do I need a license or registration for a short-term rental in New Braunfels?
What taxes apply to short-term rentals in New Braunfels?
Official sources
- official Short Term Rentals - City of New Braunfels Official Website ↗
- official Tax Information (Hotel Occupancy Tax) - City of New Braunfels ↗
- official Hotel Occupancy Tax - Texas Comptroller of Public Accounts ↗
- official Marfil v. City of New Braunfels, No. 25-50025 (5th Cir. June 18, 2026) ↗
- ordinance Code of Ordinances Ch. 144 Zoning, Sec. 144-5.17 Short Term Rental Occupancy (Municode) ↗
- secondary Marfil v. City of New Braunfels, No. 25-50025 (5th Cir. 2026) - Justia ↗
Informational summary of publicly available sources; not legal advice. Verify against the linked official sources.