State Airbnb laws2026 39 sources cited

Texas Short-Term Rental Laws & Hotel Tax (2026)

Source: AirROI Reviewed by , Founder @ AirROI Rules checked

From 36 official sources and 2 Airbnb help pages. Not legal advice.

The short answer

Texas Airbnb Laws in Brief

At a glance

Texas Short-Term Rental Laws at a Glance

State license required
No
Next rule change
Jan 1, 2027

The laws in brief

The rules a Texas host meets first, each linked to the ordinance, statute or official page it comes from. Details and exceptions follow below.

Texas Short-Term Rental Laws at a Glance
TopicRule
PermitCities set the rules1,8
WhereNo county zoning outside city limits10,38
Building rulesHOA rules and deed restrictions still apply1
Minimum stay30 consecutive days ends the short-stay rules6,17
GuestsPort Aransas: occupancy set by sleeping rooms27
Listing displaySouth Padre Island: license number in every ad30
PlatformsAirbnb collects the state tax6,37
SafetyFredericksburg: annual inspection33,34

Your home

Can You Host an Airbnb in Texas? It Depends on the Home

Whether you can host in Texas turns on whose home it is and whether you live there.

Your own home, rented whole while you're away

Allowed with conditions

A room in your home with you present

Allowed with conditions

A second home or investment property you don't live in

Allowed with conditions

A home in an HOA or deed-restricted subdivision

Allowed with conditions

A rural home outside city limits

Allowed

Permit

Do You Need a License for Airbnb in Texas?

No. Hosts inside the city limits of Houston, Austin, San Antonio, Galveston, Port Aransas, South Padre Island and Fredericksburg. Dallas's program is blocked by a court order, and rentals in unincorporated areas generally need no county permit.1,11,14,15,16,26,29,31

Issued by
Valid for
On listings
Platform checks

Fees

Fees
FeeAmount
Houston certificate of registrationPer rental property, plus a $33.56 administrative fee per application (2026).$275
Austin new operating licenseLicense fee of $642.00 plus a $94.60 notification fee; renewal is $369.60.$736.60
San Antonio Type 1 permit (owner or operator lives on site)Fee for a three-year permit; the city adds an 8% surcharge to application fees.$450
San Antonio Type 2 permit (not owner-occupied)Fee for a three-year permit; the city adds an 8% surcharge to application fees.$1,000
Galveston registrationPer rentable unit, due by December 31 each year; a $500 late fee applies after that date.$250
Port Aransas registration (efficiency or one bedroom)Plus $100 for each additional bedroom; registrations expire every December 31 and are not prorated.$200
South Padre Island licensePer rental unit.$125

Who qualifies

  • Houston: a certificate of registration for every dwelling rented under 30 consecutive days
  • Austin: an operating license for every rental; individuals may run up to two units on a single-family site; tenants need the landlord's permission
  • San Antonio: Type 1 permit where the owner or operator lives on the property, Type 2 where not (limited to 12.5% of homes on a block face)
  • Fredericksburg: permit inside city limits only; none in the extra-territorial jurisdiction
  • Galveston, Port Aransas and South Padre Island: annual registration or license for each rental unit

How to apply

  1. Confirm whether the property is inside city limits; outside them there is generally no county zoning or permit, though hotel tax still applies.
  2. Apply on the city's own portal, for example Houston's registration portal, San Antonio's BuildSA or the Galveston and Port Aransas online registration.
  3. Put the city-issued number on every listing, and give it to the platform where the city requires that.
  4. Open a city hotel tax account where Airbnb does not collect the local tax, such as in Dallas, Port Aransas, South Padre Island and Fredericksburg.

Permit rules

Cities set the rules
Airbnb collects the state tax
Houston: certificate of registration
Houston: unregistered listings removed from 2027
Austin: operating license, valid two years
San Antonio: Type 1 and Type 2 permits
Galveston: $250 annual registration
South Padre Island: license number in every ad
Fredericksburg: permit inside city limits

Who can host

What Texas Cities and Counties Can and Can't Regulate

HOA rules and deed restrictions still apply
Silent covenants do not bar short stays
No county zoning outside city limits
Austin: unit and distance limits
San Antonio: Type 2 capped at 12.5% of a block face
Fredericksburg: no permit in the ETJ, but tax is due

Local rules

Local Rules in Texas's 8 Largest Airbnb Markets

A state license doesn't replace local rules. Cities and counties still set registration, occupancy, parking and safety requirements. These are Texas's largest markets by active Airbnb listings, with the share of each market's listings that display a registration or license number.

The largest markets and how each registers rentals
MarketLocal registration
Houston Harris CountyRequired
Austin Travis CountyRequired
San Antonio Bexar CountyRequired
Dallas Dallas CountyNone
Galveston Galveston CountyRequired
Port Aransas Nueces CountyRequired
South Padre Island Cameron CountyRequired
Fredericksburg Gillespie CountyRequired
  1. 1. Houston

    Harris County

  2. 2. Austin

    Travis County

  3. 3. San Antonio

    Bexar County

  4. 4. Dallas

    Dallas County

  5. 5. Galveston

    Galveston County

  6. 6. Port Aransas

    Nueces County

  7. 7. South Padre Island

    Cameron County

  8. 8. Fredericksburg

    Gillespie County

Taxes

Texas Short-Term Rental Taxes

6% state tax on every stay of 29 nights or less, plus a city tax of 7% to 11% and, in some places, county and venue taxes; state law caps the combined rate at 17%. Houston, Austin and South Padre Island reach 17%, Dallas, Galveston and Port Aransas 15%, Fredericksburg 13%, and San Antonio 15% or more depending on the Bexar County rate.

Texas Short-Term Rental Taxes
TaxRateCollected by
Texas state hotel occupancy tax 6% of the listing price, including the cleaning fee, on stays of 29 nights or less6%5,37Airbnb
City hotel occupancy tax (cities where Airbnb collects) Set by each city: 7% in Houston, 9% in San Antonio, Galveston, Corpus Christi and El Paso, 11% in Austin—37Airbnb
County and venue hotel taxes (Harris County) Harris County 7% in unincorporated areas or 2% inside cities, plus 2% for the Houston Sports Authority—6,37Airbnb
City hotel occupancy tax (cities where the host files) Set by each city: 7% in Fredericksburg, 9% in Dallas and Port Aransas, 10.5% in South Padre Island—23,28,30,32,35Host

What the host still handles

Operating rules

Operating Rules for Texas Short-Term Rentals

6% state hotel tax on every short stay
30 consecutive days ends the short-stay rules
Direct bookings: the host files state tax
Cities and counties add hotel tax, capped at 17%
State caps what a city can fine
Dallas: ordinances blocked by court order
Port Aransas: occupancy set by sleeping rooms
Fredericksburg: annual inspection

Fines

How to Avoid Airbnb Fines in Texas

Fines in Texas fall on hosting outside the rules above. With the rules followed, none of the fines below apply.

Changes

What's Changed in Texas's Airbnb Rules, and What's Next

One change is scheduled after October 20, 2026; the most recent rules are listed first.

  1. January 1, 2027 Upcoming
    Houston starts notifying platforms to remove unregistered listings
  2. October 1, 2026
    San Antonio raises short-term rental permit fees
  3. July 1, 2026
    Austin platform rules take effect
  4. March 27, 2026
    Supreme Court of Texas orders briefing in the Dallas case
  5. January 1, 2026
    Houston ordinance takes effect
  6. November 13, 2025
    Galveston adopts Ordinance 25-060
  7. November 1, 2025
    Port Aransas raises registration fees
  8. October 1, 2025
    Galveston takes over registration and hotel tax collection
  9. October 2025
    Austin licenses run two years
  10. June 12, 2025
    H.B. 2464 takes effect
  11. December 6, 2023
    Court blocks Dallas short-term rental ordinances

Listing data

What Texas's Listings Show

What officials report

3,309

Earnings

What Could a Short-Term Rental in Texas Earn?

For a specific address, the short-term rental calculator estimates revenue, occupancy and nightly rate from comparable listings, so you can test the numbers before applying.

Estimate what a home could earn

FAQ

Texas Short-Term Rental Laws: Frequently Asked Questions

Is Airbnb legal in Texas?

Yes. Texas has no statewide ban or license, and state law expressly leaves cities free to regulate short-term rental units, so legality depends on the city. Houston, Austin, San Antonio, Galveston, Port Aransas, South Padre Island and Fredericksburg each require a city registration, permit or license.1,11,14,17,26,27,30,33

Do I need a permit for Airbnb in Texas?

Not from the state, but most large cities require one. Houston requires a certificate of registration, Austin an operating license, San Antonio a Type 1 or Type 2 permit, and Galveston, Port Aransas and South Padre Island an annual registration or license.11,14,17,26,29,30

How much does a short-term rental permit cost in Texas?

Fees are set by each city: Houston $275 a year, Austin $736.60 for a new two-year license, San Antonio $450 (Type 1) or $1,000 (Type 2) for three years, Galveston $250 a year, Port Aransas $200 plus $100 per extra bedroom a year, and South Padre Island $125 a year.12,14,15,26,29,31

Can I rent a home I don't live in?

Usually yes, with limits. San Antonio issues non-owner-occupied Type 2 permits only up to 12.5% of homes on a block face, Austin lets an individual run up to two units on a single-family site, and Fredericksburg permits unoccupied rentals inside the city limits.14,19,33

Does Airbnb collect hotel tax in Texas?

It collects the 6% state hotel tax on every Texas stay of 29 nights or less, and the city tax in Houston, Austin, San Antonio, Galveston, Corpus Christi and El Paso. Port Aransas and Fredericksburg say Airbnb does not remit their city taxes, so the host files those directly.28,32,37

What is the total hotel tax on an Airbnb stay in Texas?

The state charges 6% and cities add generally up to 7%, with venue and county taxes on top; the combined rate cannot exceed 17%. Houston is 17% and Austin 17%, and San Antonio at least 15%, based on the rates Airbnb lists.6,7,37

What is the fine for an illegal short-term rental in Texas?

State law caps a city fine at $500 per violation, or $2,000 for zoning, fire-safety and public-health ordinances. Houston fines $100 to $500 a day without a certificate, San Antonio up to $500 a day, and Galveston up to $500 per offense.2,12,18,25

Can my HOA ban short-term rentals?

It can enforce its own rules and deed restrictions, which Texas law leaves untouched. The Supreme Court of Texas held in 2018 that covenants restricting a lot to residential use, and silent on short stays, did not prohibit them, so the exact wording of the restrictions matters.1,9

Are short-term rentals allowed in Dallas?

Yes for now. Dallas approved zoning and registration ordinances in June 2023, but a temporary injunction filed on December 6, 2023 bars their enforcement, and the city's appeal is pending before the Supreme Court of Texas. Hosts still register with the City Controller and pay the 9% city hotel tax.21,22,23,24

Is there a limit on how many nights I can host in Texas?

The state hotel tax treats a stay of 30 consecutive days or more as a permanent residence, so a rental under 30 nights is a short-term rental. Limits on how many homes can be rented come from city programs, such as San Antonio's block-face cap for non-owner-occupied rentals.6,19

Do I have to collect Texas state hotel tax myself?

Only for bookings taken outside a platform that collects the state tax, such as your own website. A host who rents only through a collecting platform like Airbnb does not collect or remit state hotel tax, but still contacts the city and county about local tax.6

When is Texas hotel tax due?

State returns are due on the 20th day of the month after each calendar month, or after the quarter for filers who qualify. A late report costs $50, plus 5% of the tax if paid 1 to 30 days late and 10% after that.5

Method

How These Rules Were Checked

Each rule on this page was checked in October 2026 against the official source cited beside it: the ordinance or statute, the permit office's own pages and the tax authority. Airbnb's help pages are cited on their own only for what Airbnb itself does, such as the taxes it collects and the permit checks it runs, and otherwise only beside an official source; news reports only for when a change was announced. Rules that could not be confirmed on an official page are left out.

Rules change with council votes, court rulings and new state laws, so the page is rechecked every three months and whenever a scheduled change takes effect. It summarizes the rules for information and is not legal advice; the state agency and your city or county has the final word on any application.

Sources

Sources

Each rule above links to the source it comes from. Official ordinances, statutes and government pages come first, then Airbnb's own help pages.

  1. 1. H.B. 2464, 89th Legislature (enrolled): authority of a municipality to regulate a home-based business · Texas Legislature
  2. 2. Texas Local Government Code, Chapter 54, Section 54.001 · Texas Legislature
  3. 3. Ordinance 25-060: Chapter 19 Short Term Rentals amendments (adopted November 13, 2025) · City of Galveston
  4. 4. Article VII. Short Term Rentals, Sec. 11-220 · City of South Padre Island
  5. 5. Hotel Occupancy Tax · Texas Comptroller of Public Accounts
  6. 6. Hotel Occupancy Tax FAQs · Texas Comptroller of Public Accounts
  7. 7. Local Hotel Occupancy Tax Overview · Texas Comptroller of Public Accounts
  8. 8. H.B. 2464 bill history · Texas Legislature
  9. 9. Tarr v. Timberwood Park Owners Association, Inc., No. 16-1005 · Supreme Court of Texas
  10. 10. FAQ: How is my property zoned in the County? · Bexar County
  11. 11. Short-Term Rentals · City of Houston Administration and Regulatory Affairs
  12. 12. Houston City Council approves short-term rental ordinance (April 17, 2025) · City of Houston Administration and Regulatory Affairs
  13. 13. Newly Adopted Short-Term Rental Ordinance Effective January 1, 2026 · Houston Permitting Center
  14. 14. Short-Term Rentals · City of Austin Development Services Department
  15. 15. Registering a Short-Term Rental Permit · City of San Antonio Development Services Department
  16. 16. STR Permits · City of San Antonio Development Services Department
  17. 17. Application for Short Term Rental (STR) Permit · City of San Antonio Development Services Department
  18. 18. Short Term Rentals: Application, Permits and Enforcement fact sheet · City of San Antonio Development Services Department
  19. 19. Current Short-Term Rental Ordinance · City of San Antonio Development Services Department
  20. 20. Short Term Rentals Annual Report FY 2024 · City of San Antonio Development Services Department
  21. 21. Short-Term Rentals · City of Dallas Code Compliance Services
  22. 22. Planning and Development: Short-Term Rentals · City of Dallas
  23. 23. Short-Term Rentals (Hotel Occupancy Tax) · City of Dallas City Controller's Office
  24. 24. City of Dallas v. Dallas Short-Term Rental Alliance, No. 25-0748 (case docket) · Supreme Court of Texas
  25. 25. Ordinances, Authorization and Penalties · City of Galveston
  26. 26. Frequently Asked Questions (short-term rental program) · City of Galveston
  27. 27. Short Term Rental Information (December 2025) · City of Port Aransas
  28. 28. Hotel/Motel Occupancy Tax Information (December 2025) · City of Port Aransas
  29. 29. Notice of Updated Short-Term Rental (STR) and Hotel Registration Fees · City of Port Aransas
  30. 30. Hotel Occupancy Tax · City of South Padre Island
  31. 31. Council agenda item: Annual Short Term Rental Licensing Fee · City of South Padre Island
  32. 32. Hotel Occupancy Taxes · City of Fredericksburg
  33. 33. Short-Term Rental Permit: Frequently Asked Questions · City of Fredericksburg
  34. 34. Short-Term Rentals · City of Fredericksburg
  35. 35. Short-Term Rentals (Hotel Occupancy Tax) · City of Dallas City Controller's Office
  36. 36. 2026 Fee Increase Notice · Houston Permitting Center
  37. 37. Occupancy tax collection and remittance by Airbnb in Texas · Airbnb Help Center
  38. 38. What You Need to Know About Land-Use Restrictions in Texas · Texas Real Estate Research Center, Texas A&M University
  39. 39. Hosting in Houston, Texas · Airbnb Help Center