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Brownsville's STR ordinance, adopted November 12, 2024, requires every short-term rental (under 30 days) to be permitted by the City. The permit application requires a floor plan and site map showing the layout, exits, and parking, and overnight occupancy is limited based on bedrooms and applicable fire-code capacity.
Brownsville's 2024 STR ordinance requires applicants to submit proof of active liability insurance with the permit application, along with required life-safety equipment such as smoke detectors, carbon monoxide alarms, fire extinguishers, posted emergency exits, and visible house numbers.
Brownsville requires short-term rental operators to obtain a city business license and comply with applicable zoning and building codes. Operators must collect and remit the Hotel Occupancy Tax (HOT).
STR guests in Brownsville must comply with the city's noise ordinance. The sound level guidelines in Chapter 46 apply to all properties including short-term rentals.
Brownsville STR operators must collect and remit the city Hotel Occupancy Tax and the Texas state Hotel Occupancy Tax (6%). The combined rate applies to all stays under 30 consecutive days.
STR guests in Brownsville must follow city parking regulations. Operators should provide parking information to guests to prevent neighborhood conflicts.
Carports in Brownsville are regulated as accessory structures under the Unified Development Code (UDC) Article 4 (Zoning) and Article 5 (Supplemental Regulations). A residential building permit is required, and structures must meet the side and rear setbacks of the underlying residential zoning district.
Brownsville's zoning code addresses accessory dwelling units in residential districts. ADUs may be permitted in certain zones with conditions including size limits and owner occupancy.
Brownsville allows storage sheds as accessory structures in residential zones. Sheds must comply with setback requirements and may need a permit depending on size.
Converting a garage to living space in Brownsville requires a building permit. The space must meet habitability standards and off-street parking requirements must still be met.
Brownsville addresses barking dogs under its animal control and noise ordinances. Dogs that bark persistently and disturb neighbors may be declared a nuisance.
Brownsville regulates noise under Chapter 46, Article III of the city code. Sound levels vary by zoning district and time of day. Residential areas have lower limits at night, and the ordinance prohibits unreasonably loud or disturbing noise.
Brownsville regulates construction noise under its noise ordinance. Construction activities near residential areas must comply with sound level guidelines and time-of-day restrictions.
Aircraft noise in flight is regulated exclusively by the FAA under federal law (49 U.S.C. 40103, 14 CFR Part 36, 91, 150). Texas cities and counties cannot impose noise limits on aircraft operations, though they may regulate ground-based airport activities through Texas Transportation Code Chapter 22.
Brownsville does not impose breed-specific bans. Texas state law does not preempt local breed-specific legislation, but Brownsville focuses on dangerous dog determinations based on individual behavior.
Brownsville requires all dogs to be on a leash or under direct control when off the owner's property. The city enforces animal control regulations to protect public safety.
Beekeeping is supported in Texas under the state's agriculture-friendly laws. Brownsville's warm climate in the Rio Grande Valley makes it well-suited for year-round beekeeping.
Texas regulates exotic animal ownership under the Texas Health and Safety Code Chapter 822 (Dangerous Wild Animals). Many species require registration and secure enclosures.
Texas allows consumer fireworks but Brownsville may restrict discharge in certain areas. Fireworks are prohibited within city limits during designated dry conditions or burn bans.
Brownsville regulates outdoor burning under its fire prevention code. Open burning of trash is prohibited. Controlled agricultural burning and recreational fires may be permitted with restrictions.
Recreational fire pits in Brownsville must be properly contained and a safe distance from structures. Fires must be attended and may be restricted during dry or windy conditions.
Brownsville does not have a comprehensive private tree removal permit requirement, but trees in the public right-of-way require city permission. Developers must comply with landscaping requirements.
Brownsville's property maintenance code requires owners to keep grass and vegetation trimmed. Overgrown vegetation exceeding approximately 12 inches may trigger code enforcement action.
Property owners in Brownsville must maintain trees to provide adequate clearance over sidewalks and streets. The city maintains trees in the public right-of-way.
Brownsville may impose watering restrictions through the Brownsville Public Utilities Board (BPUB). The Rio Grande Valley faces periodic water supply concerns due to drought and international water-sharing agreements.
Texas Property Code 202.007 prohibits HOAs from banning rainwater harvesting systems, and Health & Safety Code 341.042 sets statewide standards for harvested rainwater used as a potable supply. Rainwater harvesting is broadly protected and encouraged in every Texas city and county.
Brownsville restricts parking of RVs, boats, and trailers on residential streets. Large recreational vehicles should be stored on private property.
Brownsville regulates on-street parking through its traffic code. Time limits apply in commercial and downtown areas. Vehicles must not park for extended periods on residential streets.
Brownsville requires permits for new driveways connecting to public streets. Driveways must meet city engineering standards for width and materials.
Brownsville restricts large commercial vehicles from parking in residential neighborhoods. Semi-trucks and heavy equipment should not be stored on residential streets or in front yards.
Texas Property Code 202.019 prevents HOAs from prohibiting electric vehicle charging stations at a homeowner's dwelling. Owners across Texas may install Level 2 chargers in their garages or driveways subject only to reasonable conditions.
Brownsville may require permits for certain fence installations. Standard residential fences under 6 feet typically comply without a building permit but must meet zoning setback requirements.
Brownsville's zoning code regulates fence heights. Front yard fences are typically limited to 4 feet, while side and rear yard fences may be up to 6 feet in residential districts.
Brownsville requires fences to be on the property owner's land. Texas does not have a statutory fence-sharing law, so cost-sharing between neighbors is voluntary.
Brownsville's zoning code allows home occupations in residential zones with conditions. The business must be secondary to residential use and not alter the neighborhood character.
Brownsville's zoning code restricts business signs for home occupations in residential zones. No external evidence of the business should be visible from the street.
Brownsville limits customer visits for home occupations to preserve residential neighborhood character. High-traffic businesses need commercial zoning.
The Texas Cottage Food Law (Health & Safety Code Chapter 437, Subchapter A) authorizes home-based production and sale of certain non-potentially-hazardous foods statewide. Cities and counties cannot prohibit cottage food operations or require permits for them.
Texas Human Resources Code Chapter 42 governs licensing and registration of home-based child care statewide through HHSC. Registered family homes serve up to 6 children under 14, must follow state minimum standards, and cannot be banned solely by zoning.
Brownsville requires swimming pools to be enclosed by a barrier at least 48 inches high with a self-closing, self-latching gate, per the adopted building code.
Residential pools in Brownsville must meet safety standards including barriers, approved drain covers, and proper electrical systems. A building permit is required before construction.
Above-ground pools in Brownsville must meet the same barrier and safety requirements as in-ground pools. Pool walls 48 inches or taller with lockable access may count as part of the barrier.
Texas Health & Safety Code Chapter 487 limits cannabis dispensing to a small number of state-licensed Compassionate Use Program providers. There are no recreational dispensaries anywhere in Texas, and cities cannot license additional ones.
Texas Health & Safety Code 481.121 makes it a crime to possess or grow marijuana anywhere in the state. Home cultivation is illegal in every Texas city and county regardless of plant count or medical status.
Texas Government Code Chapter 423 preempts local commercial drone rules and FAA Part 107 governs commercial flight nationwide. Texas cities cannot require their own drone permits or fees for Part 107 operators delivering or surveying.
Texas Government Code Chapter 423 occupies the field of unmanned aircraft regulation. Cities and counties cannot adopt their own recreational drone ordinances, though limited municipal rules over takeoff and landing on public property remain.
Texas Labor Code Section 62.0515 expressly preempts municipal and county minimum wage ordinances. The state minimum wage equals the federal floor of $7.25 per hour, and political subdivisions cannot require private employers to pay more, except for their own contracts.
Texas appellate courts have struck down municipal paid sick leave ordinances in Austin, Dallas, and San Antonio as preempted under the Texas Minimum Wage Act. HB 2127 (2023) further codifies preemption by barring local regulation of employment benefits and leave policies.
HB 2127 (2023), the Texas Regulatory Consistency Act, preempts municipal predictive or fair workweek scheduling ordinances. Texas cities cannot require employers to provide advance schedule notice, predictability pay, or rest periods between shifts beyond state law.
Texas authorizes License to Carry (LTC) holders to carry concealed handguns statewide under Government Code Chapter 411. Since 2021, permitless constitutional carry under HB 1927 also allows most adults 21 and older to carry without a license, with municipalities preempted from added restrictions.
Texas Local Government Code Section 229.001 broadly preempts municipal regulation of firearms, ammunition, knives, and related accessories. Cities cannot adopt or enforce ordinances regulating the transfer, ownership, possession, transport, or discharge of firearms beyond narrow exceptions for discharge in densely populated areas.
Texas authorizes open carry of holstered handguns statewide for adults 21 and older under Penal Code 46.02 and HB 910 (2015). Long guns may be openly carried subject to disorderly conduct limits. Municipalities cannot impose additional open carry restrictions.
Texas Penal Code 46.02(a-1) lets any non-prohibited adult lawfully carry a handgun inside a personally-owned or leased motor vehicle or watercraft without a License to Carry, provided the firearm is not in plain view and the person is not engaged in criminal activity or gang membership.
Under the Texas Residential Property Owners Protection Act, unpaid assessments become a lien (Tex. Prop. Code § 209.0094), but a Texas HOA may not foreclose that lien without first obtaining a court order (§ 209.0092). Owners can demand an alternative payment plan of at least three months under § 209.0062 before collection proceeds.
Texas requires open HOA governance: Tex. Prop. Code § 209.0051 makes board meetings open to owners with advance notice, § 209.005 gives owners the right to inspect association books and records, and § 209.00591 protects owners' right to run for and elect the board, voiding covenants that restrict candidacy.
A Texas HOA enforces its recorded restrictive covenants (Tex. Prop. Code Ch. 202), but Chapter 209 controls the procedure: § 209.006 requires certified-mail notice and a cure opportunity before most enforcement, and § 209.007 gives the owner a hearing. Section 202.003 directs that covenants 'shall be liberally construed' to give effect to their purpose.
Before a Texas HOA may levy a fine, Tex. Prop. Code § 209.006 requires written notice by certified mail describing the violation and a reasonable time to cure. The owner may request a hearing under § 209.007 within 30 days, and § 209.0061 requires a published fine schedule. Texas sets no statutory dollar cap on fines.
Texas law overrides HOA covenants on several fronts: Tex. Prop. Code § 202.010 bars associations from prohibiting solar energy devices, § 202.012 protects the U.S., Texas, and military flags, § 202.009 protects political signs in the pre-election window, and § 202.018 protects religious items at a dwelling's entry. Each allows only limited, reasonable restrictions.
Texas Government Code Chapter 673 requires every state agency and any business that contracts with a state agency to register for and use the federal E-Verify system to confirm the work eligibility of new employees. Private-sector E-Verify use is generally voluntary statewide.
Texas Government Code Chapter 752, enacted by Senate Bill 4 in 2017, prohibits any local entity, campus police department, or jail from adopting sanctuary policies. Local officials must honor federal immigration detainer requests and may not bar officers from inquiring about immigration status.
Under Tex. Prop. Code § 24.005, a Texas landlord must give a defaulting or holdover tenant at least three days' written notice to vacate before filing a forcible detainer (eviction) suit, unless the lease sets a different period. After the notice expires the landlord files in justice court; only a court-ordered writ of possession can remove the tenant.
Under Tex. Prop. Code § 92.052 a landlord must make a diligent effort to repair conditions that materially affect an ordinary tenant's health or safety after proper notice. Section 92.056 sets the notice process and a rebuttable presumption that seven days is reasonable; § 92.0561 lets a tenant repair and deduct, capped at one month's rent or $500.
Texas Property Code Chapter 24 sets the exclusive procedure for residential evictions statewide. Cities cannot require landlords to show 'just cause' to terminate a month-to-month tenancy or refuse renewal, beyond the state's notice rules.
Texas has no statute requiring a landlord to give advance notice before entering a residential rental unit. Whether and how much notice is required is governed entirely by the lease. If the lease is silent, no advance notice is statutorily mandated, though landlords cannot use entry to harass or retaliate under Tex. Prop. Code Ch. 92.
Under Tex. Prop. Code § 92.019 a residential late fee must be reasonable and may be charged only if written in the lease and the rent stays unpaid two full days after due. A fee is deemed reasonable at up to 12% of rent for a structure with four or fewer units, or 10% for larger structures.
Under Tex. Prop. Code § 91.001, either party may end a month-to-month tenancy by giving notice, and the tenancy ends on the later of the date in the notice or one month after notice is given. Shorter rent-paying periods need notice equal to that period. A written lease may set a different period, and fixed terms simply expire.
Texas law forbids cities from adopting rent control. A municipality may not establish rent control unless its governing body finds a housing emergency caused by a disaster and the governor approves the ordinance. There is no statewide rent cap, and in practice no Texas city has rent control. Landlords set increases freely.
Texas has no statute capping residential rent or requiring advance notice before a rent increase. Amount and timing are governed entirely by the lease. On a month-to-month tenancy a landlord changes rent by serving the one-month notice under Tex. Prop. Code § 91.001. Fixed-term rent is locked until the term ends.
Texas Local Government Code 214.902 caps rental registration and inspection programs, and Property Code Chapter 92 sets statewide landlord-tenant disclosure and habitability rules. Texas cities may register rental units only within state limits, and tenant protections apply universally.
Texas places no statutory limit on how much a landlord can charge for a security deposit. However, the landlord must refund the deposit within 30 days after the tenant surrenders the premises. A landlord who keeps a deposit in bad faith faces $100 plus three times the wrongfully withheld amount, plus the tenant's attorney's fees.
In Texas a squatter can claim title only through adverse possession, with periods that shorten as the claim strengthens: 3 years under title or color of title (§ 16.024), 5 years with a registered deed plus paid taxes (§ 16.025), 10 years for bare possession capped at 160 acres (§ 16.026), and 25 years under a recorded instrument (§ 16.028).
Texas Local Government Code Chapter 212 and Agriculture Code Chapter 251 limit municipal authority to zone or regulate land qualified for agricultural use appraisal. Counties have no general zoning authority, and cities face restrictions on annexing or imposing land use rules on established farms.
The Texas Right to Farm Act, Agriculture Code Chapter 251, protects established agricultural operations from nuisance lawsuits and local regulations after one year of operation. SB 1421 (2023) significantly strengthened protections, preempting municipal ordinances that restrict generally accepted agricultural practices.
The Texas Supreme Court in City of Laredo v. Laredo Merchants Association (2018) held that Health and Safety Code Section 361.0961 preempts municipal plastic bag bans. Cities and counties cannot prohibit or restrict retail use of plastic checkout bags as containers or packages.
Health and Safety Code Section 361.0961 also preempts municipal bans on polystyrene foam containers used for food service. The same statute that struck down plastic bag bans prevents Texas cities from prohibiting expanded polystyrene cups, plates, and takeout packaging.
Plastic straw bans by Texas municipalities are preempted under Health and Safety Code Section 361.0961 and reinforced by HB 2127 (2023). Cities cannot prohibit or restrict food service businesses from offering single-use plastic straws to customers.