Primary-Residence-Only Rule: Live Oak vs San Antonio
How do primary-residence-only rule rules compare between Live Oak, TX and San Antonio, TX?
Live Oak has fewer restrictions than San Antonio.
Live Oak, TX
Bexar County
Bexar County cannot limit short-term rentals to a host's primary residence. Texas HB 1620 (2025) preempts any local rule that bans non-owner-occupied or investment-property STRs in unincorporated areas.
View full Live Oak rules →San Antonio, TX
Bexar County
San Antonio does not require all short-term rentals to be primary residences, but its Type 1 vs Type 2 framework heavily favors primary-residence operations. Type 1 STRs run from owner-occupied homes face fewer caps and easier permitting than non-owner-occupied Type 2 rentals.
View full San Antonio rules →Key Facts Comparison
| Fact | Live Oak | San Antonio |
|---|---|---|
| Primary-residence rule | Not allowed | - |
| Investment STRs | Permitted | - |
| Preempting law | TX HB 1620 | - |
| Effective date | September 2025 | - |
| Authority | - | SAMC Chapter 35 |
| Type 1 trigger | - | Primary residence of owner |
| Type 2 trigger | - | Non-owner-occupied rental |
| Density cap | - | Type 2 only, 12.5 percent |
| Tax | - | Hotel Occupancy Tax both types |
Highlighted rows indicate differences between cities.
Live Oak FAQ
Can I buy a Bexar County rental purely for short-term rental income?
Yes. Texas HB 1620 prevents any local primary-residence requirement, so investment-only STRs are permitted in unincorporated Bexar County.
Does this apply inside San Antonio city limits?
San Antonio's STR ordinance is also subject to HB 1620, though city zoning categories may still affect where Type 2 non-owner-occupied STRs can operate.
San Antonio FAQ
Does my San Antonio STR have to be my primary home?
No. San Antonio allows non-owner-occupied Type 2 STRs, but they face density caps and tighter zoning. If you live in the home, a Type 1 permit avoids those caps and is simpler to obtain.
What proof shows a property is my primary residence?
Development Services may request driver license, voter registration, homestead exemption, and utility bills tied to the address. Misrepresentation to obtain Type 1 status can lead to revocation and fines.
Compare other topics
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