HB 2797

Vasut Bill Bars Cities From Capping Occupancy By Who’s Related

Did not pass

Verdict: No flags

No flagsInitial review

Initial review · graded Oct 22, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

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

Caption from analyzed text · version H.

Summary

Space caps stay, no stricter than one per 70-square-foot bedroom. Owners can sue.

The bill bars home-rule cities from capping how many people can live in a house or apartment based on their age, family status, job, relationship status, or whether they are related to each other. Cities may still set space-based caps no stricter than one person per 70-square-foot bedroom plus one more per extra 50 square feet, and may still use building code, fire code, state health, and affordable housing standards, but they may not make brokers or agents hand over leases to count unrelated tenants. Property owners can sue a city that breaks these rules for damages, court orders, and attorney's fees, while private deed restrictions and owners' association rules stay enforceable.

Receipt

The receipt

89R-HB2797 · 2025-02-13

SOLD BY

Rep. Cody VasutRHouse 25

ITEM

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

WHAT IT DOES

Space caps stay, no stricter than one per 70-square-foot bedroom. Owners can sue.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · April 11, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Feb 13, 2025Filed
Mar 19, 2025Read first time
Mar 19, 2025Referred to Land & Resource Management
Mar 27, 2025Scheduled for public hearing on . . .
Mar 27, 2025Considered in public hearing
Mar 27, 2025Testimony taken/registration(s) recorded in committee
Mar 27, 2025Left pending in committee
Apr 10, 2025Considered in public hearing
Apr 10, 2025Committee substitute considered in committee
Apr 10, 2025Reported favorably as substituted
Apr 16, 2025Comte report filed with Committee Coordinator
Apr 16, 2025Committee report distributed
Apr 17, 2025Committee report sent to Calendars
May 9, 2025Considered in Calendars

FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“Governmental immunity of the municipality to suit and from liability is waived to the extent of liability created by this section.”

Bill text, House committee report version (H)

The bill waives city immunity and lets property owners sue for damages and attorney's fees when a city enforces a banned occupancy limit.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Cody Vasut

Donors

Texans for Lawsuit Reform PAC$40K Texas REALTORS Political Action Committee$13K Texas Food & Fuel Assn. - PAC$11K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 29, 2024 to Oct 19, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$40,000.00

Texans for Lawsuit Reform PAC

$40,000.00

Cash: $40,000.00
Paid by others: $0.00
Total: $40,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Jun 27, 2025 to Oct 7, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101005740, 101033392, 101072869.

Texas REALTORS Political Action Committee$12,750.00

Texas REALTORS Political Action Committee

$12,750.00

Cash: $12,500.00
Paid by others: $250.00
Total: $12,750.00

advertising $250.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 12, 2024 to Oct 1, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100981647, 101005740, 101062767, 101072869.

Texas Food & Fuel Assn. - PAC$11,000.00

Texas Food & Fuel Assn. - PAC

$11,000.00

Cash: $11,000.00
Paid by others: $0.00
Total: $11,000.00

Also funds 65 other sitting lawmakers.

Derived recipient stock · Sep 3, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 12, 2024 to Jun 2, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100981647, 101033392, 101062767.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Texans for Lawsuit Reform PAC

$40,000.00

Cash: $40,000.00
Paid by others: $0.00
Total: $40,000.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Jun 27, 2025 to Oct 7, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101005740, 101033392, 101072869.

Texas REALTORS Political Action Committee

$12,750.00

Cash: $12,500.00
Paid by others: $250.00
Total: $12,750.00

advertising $250.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 12, 2024 to Oct 1, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100981647, 101005740, 101062767, 101072869.

Texas Food & Fuel Assn. - PAC

$11,000.00

Cash: $11,000.00
Paid by others: $0.00
Total: $11,000.00

Also funds 65 other sitting lawmakers.

Derived recipient stock · Sep 3, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 12, 2024 to Jun 2, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 100981647, 101033392, 101062767.

Votes

No floor vote loaded for this bill.

Witnesses52

For: 30
Against: 20
On: 2

Names

For

Americans for Prosperity, Texas1 registration
AURA ATX1 registration
Austin AURA1 registration
Austin Housing Coalition1 registration
City of Denton1 registration
Dallas Area Habitat for Humanity1 registration
Dallas Housing Coalition1 registration
Farm&City2 registrations
Self7 registrations
Self; BCS Habitat for Humanity1 registration
Self; Institute for Justice1 registration
Self; Texas A&M Student Government Association1 registration
Self; Texas A&M Student Government Assosiation1 registration
Self; Texas Appleseed1 registration
Texans For Housing1 registration
Texans for Housing1 registration
Texans for Reasonable Solutions2 registrations
Texas 20361 registration
Texas Apartment Association1 registration
Texas Farm Bureau1 registration
Texas Public Policy Foundation1 registration
Texas realtors1 registration

Against

City of college station2 registrations
City of Garland1 registration
City of Irving1 registration
City of Stephenville1 registration
Self12 registrations
Self; City of college station1 registration
Self; City of Commerce1 registration
Self; The City of College Station - City Council1 registration

On

City of Dallas1 registration
City of Fort Worth1 registration

Sources

52 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · April 11, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas House · Filed Feb 13, 2025

05/09/2025 H Considered in Calendars

Texas Legislature Online · Introduced · House Committee Report

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

House committee · Land & Resource Management · Committee vote 7 aye, 0 nay, 2 absent · Out of committee

Companion

SB 1567 by Bettencourt (identical)

Subjects

City Government--Land Use & Zoning

County Government--Land Use & Zoning

Text

The text as introduced · 386 words

89R4653 DRS-F

By: Vasut
H.B. No. 2797

A BILL TO BE ENTITLED

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. DEFINITION. In this subchapter, "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.

Sec. 211.052. APPLICABILITY. This subchapter applies only

to a home-rule municipality.

Sec. 211.053. DWELLING UNIT OCCUPANCY REQUIREMENTS. 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.

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. 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. 211.056. PROPERTY OWNER ACTION. (a) A property owner

in a municipality that violates this subchapter may bring an action

against the municipality for damages incurred due to the violation

and for appropriate equitable relief.

(b) Governmental immunity of the municipality to suit and

from liability is waived to the extent of liability created by this

section.

(c) A court may award a prevailing claimant reasonable

attorney's fees incurred in bringing an action under this section.

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