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HB 2797

Relating to the authority of home-rule municipalities to regulate the occupancy of dwelling units.

89th Legislature (2025) Introduced by Cody Vasut

HB 2797 grants Texas home-rule cities expanded authority to regulate how many people can occupy residential dwelling units, shifting housing density control to local governments.

Considered in Calendars
#citygovernment--landuse&zoning(i0064) #countygovernment--landuse&zoning(i0098)
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Bill Summary · HB 2797

Legislative bill overview

HB 2797 expands the regulatory authority of Texas home-rule municipalities to establish and enforce occupancy limits for dwelling units within their jurisdictions. The bill clarifies that cities can set restrictions on how many unrelated individuals may live in a single residential property, a power that has been subject to legal and jurisdictional disputes. This represents a shift toward local control over residential zoning and neighborhood composition standards.

Why is this important

Occupancy regulations directly affect housing affordability, neighborhood character, and quality of life in residential areas. Municipalities use such rules to prevent overcrowding, maintain infrastructure capacity, and preserve neighborhood stability, but overly restrictive occupancy limits can reduce housing supply and increase costs for multi-person households. The bill's passage or failure will determine whether local governments or state law governs these housing density decisions.

Potential points of contention

  • Housing affordability vs. neighborhood preservation: Strict occupancy limits may reduce affordable housing options for students, young professionals, and lower-income families who rely on shared housing, conflicting with affordable housing goals.
  • Local control vs. state preemption concerns: May trigger debate over whether cities should have broad discretionary power or whether state-level standards should prevent municipalities from imposing overly restrictive housing regulations.
  • Enforcement and discrimination risks: Occupancy rules can be applied unevenly and potentially used to discriminate against protected classes (families with children, people with disabilities, etc.), raising fair housing law concerns.

Compiled from official sources — confirm details with the bill’s official record.

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