Pop. 100,243 Β· Hidalgo County
Edinburg's general noise ordinance under Chapter 95 (Nuisances) of the Code of Ordinances applies to short-term rentals like any other dwelling. Amplified sound on public streets is restricted to 65 dB measured 100+ feet away between 9:00 p.m. and 9:00 a.m., and 65 dB at 200+ feet at other times. UTRGV-area STRs draw extra attention from code officers.
Edinburg has not published a verified short-term-rental occupancy formula. STR occupancy defaults to the International Property Maintenance Code adopted by the city and to the 30-day Texas Tax Code Ch. 156 threshold above which state and local hotel occupancy taxes no longer apply. Confirm the current per-bedroom or per-square-foot cap with the Edinburg Development Center.
Edinburg has no verified short-term-rental-specific parking ordinance. STR guests must follow the general residential parking standards in the city's land development code (Article 2 Land Uses) and zoning ordinance, which require off-street parking on improved surfaces and prohibit blocking sidewalks, fire lanes, or driveways. Confirm parking minimums and front-yard surface rules with Planning & Zoning.
Edinburg requires STR operators to register their property with the city's Development Center. The registration fee is $250 for owner-occupied properties and $500 for non-owner-occupied properties. Background check and safety inspection required.
STR hosts must collect and remit the 6% Texas state Hotel Occupancy Tax (HOT) and register with the TX Comptroller. Local HOT may also apply.
Hidalgo County imposes no primary-residence requirement on short-term rentals in unincorporated areas, because it cannot zone or license STRs. Any owner-occupancy or homestead restriction would come only from a city ordinance.
There is no Hidalgo County short-term rental registration for unincorporated areas because the county has no zoning power. Registration duties are city-imposed inside municipal limits and, statewide, through Texas Comptroller hotel occupancy tax enrollment.
No Hidalgo County rule requires a host or local contact to be present at a short-term rental in unincorporated areas, since the county cannot license STRs. On-site or local-contact requirements exist only in city ordinances.
Hidalgo County requires no short-term rental insurance in unincorporated areas, since it cannot license STRs. Any liability-coverage requirement would come only from a city ordinance; hosts should still carry adequate private coverage.
Hidalgo County sets no annual night cap or booking limit on short-term rentals in unincorporated areas, because it cannot zone or license STRs. Any cap on rental nights or days per year would come only from a city ordinance.
Edinburg enforces the 2018 International Residential Code (IRC), including Appendix G (Swimming Pools, Spas and Hot Tubs) and barrier standards in AG105, for one- and two-family residential pool barriers. Pools or spas with water deeper than 24 inches require a barrier at least 48 inches high with self-closing, self-latching gates that open outward away from the pool. Texas Health & Safety Code Chapter 757 imposes a separate 48-inch enclosure rule but only applies to multiunit rental complexes and property-owners associations that own or maintain a pool (Sec. 757.002), not detached single-family homes β those follow Edinburg's adopted IRC/AG105 rules.
Above-ground pools at a home in unincorporated Hidalgo County need no county permit or barrier β Texas counties cannot code one- and two-family dwellings. Commercial or apartment above-ground pools follow Texas DSHS public-pool rules in 25 TAC Chapter 265.
Private residential hot tubs and spas in unincorporated Hidalgo County are unregulated by the county β Texas bars county building codes for homes. Public and semi-public spas must meet Texas Health & Safety Code Chapter 341 and DSHS rule 25 TAC Chapter 265.
Hidalgo County imposes no safety code on private residential pools in unincorporated areas. Public pools and spas must meet Texas Health & Safety Code Chapter 341 sanitation, chlorination, and anti-entrapment drain standards enforced by county Environmental Health.
Hidalgo County does not permit or inspect residential swimming pools in unincorporated areas β Texas counties cannot adopt building codes for one- and two-family homes. Only public and commercial pools are regulated, through the Texas DSHS standards enforced by county Environmental Health.
Edinburg Code of Ordinances Chapter 91 (Animals) requires dogs in public to be under physical restraint by a leash held by a competent person; off-leash dogs at large are prohibited and can be impounded by Animal Care Services. Texas Health & Safety Code Chapter 822 layers on dangerous-dog restraint duties enforced by Edinburg PD and Hidalgo County.
Exotic pets in Texas require TPWD permits for many species. Edinburg Code Chapter 91 may add additional local restrictions on dangerous or exotic animals.
Beekeeping in Edinburg is regulated locally under Chapter 91. Texas Apiary Inspection Service (TAIS) governs commercial operations. No state registration required for hobby beekeepers.
In unincorporated Hidalgo County, loose livestock is handled through Texas state law, not a county animal code. The Agriculture Code lets a county adopt a stock law restricting animals from running at large, and lets the sheriff impound estrays found roaming.
Hidalgo County publishes no numeric limit on how many dogs or cats a household may keep in the unincorporated areas. The practical constraints are state rabies-vaccination duties and general nuisance rules, not a per-household pet cap.
Hidalgo County publishes no ordinance banning the feeding of wildlife in unincorporated areas. Feeding of wild game is instead governed by Texas Parks and Wildlife rules, and food left out that attracts strays or vermin can be treated as a nuisance.
Hidalgo County has no published backyard-chicken permit or poultry cap for unincorporated areas. Keeping poultry and farm animals is governed by state stock-law and estray provisions in the Texas Agriculture Code, and whether livestock may roam depends on the county's range status.
Hidalgo County does not ban or restrict any dog breed, and Texas law forbids it from doing so. Health and Safety Code Sec. 822.047 lets a county add dangerous-dog rules only if they are not specific to a breed. Dangerous dogs are handled by individual conduct, not breed.
Hidalgo County has no published cat-leash ordinance, but state law applies. Every cat must be vaccinated against rabies under Health and Safety Code Sec. 826.021, and a cat that bites can be quarantined or observed by the county's Rabies Control Authority.
Hidalgo County has no ordinance using the word 'hoarding,' but neglect of many animals is reachable through Texas cruelty law and the county's rabies and stray-animal duties. Serious neglect can be charged under Penal Code Sec. 42.09 and Sec. 42.092.
Open fire pits are subject to Edinburg's fire code and city ordinances. Enclosed cooking appliances are generally permitted. Contact the Edinburg Fire Department for guidance on outdoor fire features.
Consumer fireworks are banned within Edinburg city limits. Edinburg is among the Rio Grande Valley cities that prohibit all personal fireworks including sparklers. Fine up to $2,000.
Open burning of waste or debris in Edinburg is generally prohibited. Outdoor cooking with enclosed flames is permitted. Burn bans issued by Hidalgo County Fire Marshal during drought.
Hidalgo County has no wildland-urban-interface defensible-space mandate; brush clearance is addressed through outdoor-burning and burn-permit rules rather than a clearance ordinance. Cleared brush may be disposed of only under a Fire Marshal burn permit or by lawful hauling.
The Hidalgo County Fire Marshal enforces the International Fire Code and requires working smoke alarms in overnight accommodation facilities. Fire and life-safety inspections verify that alarms are present and in proper working condition.
Backyard and open fires in unincorporated Hidalgo County follow the state outdoor-burning rules in 30 TAC Chapter 111 and any active Commissioners Court burn ban. Any fire must be attended, and the person burning remains liable for resulting damage.
Propane and LP-gas storage in Hidalgo County is regulated by the Railroad Commission of Texas LP-Gas Safety Rules and the International Fire Code enforced by the Fire Marshal. Installers must be state-licensed and tanks must meet NFPA 58 setback distances.
Hidalgo County is not a mapped high wildfire-hazard or wildland-urban-interface region and has no defensible-space or building-hardening overlay. The main seasonal fire risk is drought-driven brush and grass fires, addressed through Commissioners Court burn bans.
Edinburg zoning and parking ordinances may restrict RV parking in front yards or residential streets. Contact Edinburg Planning & Zoning for specific residential RV parking rules.
Commercial vehicle parking on residential streets is restricted under TX Transportation Code Β§545.307. Overnight commercial vehicle parking in residential subdivisions may be prohibited where signs are posted.
Abandoned vehicles are regulated under TX Transportation Code Β§683 (junked vehicles) and Edinburg's nuisance code. Inoperable or unlicensed vehicles on public streets may be cited and towed.
Street parking in Edinburg is governed by city traffic ordinances. No statewide residential parking preemption β local rules apply. Generally permitted except in designated no-parking zones.
Unincorporated Hidalgo County has no ordinance banning overnight parking on public roads, but a vehicle left too long can become an abandoned vehicle under state law.
Unincorporated Hidalgo County has no ordinance dictating driveway surfacing, width, or how many vehicles a resident may keep on a private driveway.
Unincorporated Hidalgo County has no ordinance governing electric-vehicle charging stations, EV parking spaces, or private residential charger installation.
Unincorporated Hidalgo County has no ordinance assigning meaning to painted curbs, because colored-curb parking codes are a municipal function under state law.
Oversized vehicles on unincorporated county roads are governed by state size and weight limits and stopping rules, not a local Hidalgo County parking ordinance.
Unincorporated Hidalgo County does not designate loading zones on public roads, a power that belongs to cities rather than Texas counties.
Edinburg Code Ch. 95 governs construction noise. Standard Texas practice allows construction 7 AMβ9 PM weekdays. Specific hours should be confirmed with the city's Development Center.
Edinburg Code Ch. 95 prohibits owning an animal that produces disturbing noise (barking/braying) after official notice, when the noise can be heard within nearby structures and occurs more than twice per day.
Edinburg Code Ch. 95 prohibits disturbing noise. Quiet hours: 9 PMβ9 AM from public streets; 11 PMβ9 AM from private property. Noise at 100+ feet measuring 65 dB or more is a violation during restricted hours.
Aircraft noise is federally regulated by the FAA. Edinburg Executive Airport (EDG) serves the area. Local ordinances cannot override federal aviation authority.
Hidalgo County has no amplified-sound permit or decibel ordinance for unincorporated areas. Loud parties, quinceaneras and outdoor amplified music outside city limits are governed only by the state disorderly-conduct statute enforced by the Sheriff, not by a county sound permit.
Hidalgo County sets no local decibel limits for unincorporated areas because Texas counties cannot adopt a noise-level ordinance. The only numeric standard is the state disorderly-conduct presumption: noise above 85 decibels is unreasonable, but only after a peace officer or magistrate gives notice.
Hidalgo County has no industrial-noise ordinance for unincorporated areas. Factories, warehouses, agriculture and packing operations outside city limits are limited only by the state disorderly-conduct statute and, where applicable, TCEQ permit conditions - not by a county sound limit.
Hidalgo County has no leaf-blower ordinance. Gas and electric blowers may be used at any time in unincorporated areas because Texas counties cannot regulate equipment noise. Only the state unreasonable-noise statute could apply, and it rarely reaches ordinary landscaping equipment.
Hidalgo County has no local vehicle-noise ordinance, but statewide Texas Transportation Code Sec. 547.604 requires every motor vehicle to have a working muffler and bans muffler cutouts. The Sheriff and DPS enforce this on county roads; loud stereos can also draw a disorderly-conduct charge.
Hidalgo County has no outdoor-music or live-entertainment noise ordinance for unincorporated areas. Backyard bands, DJs and festival sound outside city limits are limited only by the state disorderly-conduct statute, and there is no county event-noise permit to obtain.
No statewide tree removal permit required. Edinburg may require permits for removal of trees in rights-of-way or protected areas. Verify with Planning & Zoning.
Texas counties cannot zone or set a cosmetic lawn-height limit in unincorporated areas. Hidalgo County instead abates high weeds only as a public-health nuisance under Texas Health & Safety Code Chapter 343: weeds over 36 inches, or weeds within 300 feet of another residence, may be ordered cut.
Hidalgo County does not set landscape-watering schedules; it has no such ordinance and no county water utility. Outdoor-watering limits come from each city, water supply corporation, and irrigation district, coordinated through regional drought planning and the TCEQ, since the county draws Rio Grande water via Falcon Reservoir.
Hidalgo County has no tree-trimming ordinance or permit for private property in unincorporated areas, because Texas counties lack general zoning authority. Property owners may prune their own trees freely; the county only addresses vegetation as a public-health nuisance or where it blocks a drainage easement or county road.
Hidalgo County has no ordinance permitting or banning artificial turf; lacking zoning authority, it sets no synthetic-grass standard for private property. Texas law also blocks an HOA from banning water-conserving turf. City rules govern inside city limits.
Hidalgo County's weed rule is nuisance abatement under Texas Health & Safety Code Chapter 343, not a mowing ordinance. Its Nuisance Abatement Program (adopted 2016) abates 'weedy lots' in unincorporated areas: weeds over 36 inches, or within 300 feet of another residence or business.
Hidalgo County does not mandate or restrict landscape plant choices; with no zoning authority it has no native-plant or turf ordinance for private yards. Texas law protects water-wise landscaping: an HOA cannot ban drought-resistant native plants or water-conserving turf (Property Code 202.007).
Rainwater harvesting is fully allowed in Hidalgo County; there is no county ordinance restricting it. Texas law encourages it: property owners' associations cannot ban rain barrels or rainwater systems (Property Code 202.007), and the state promotes capture for landscape irrigation.
Backyard composting is allowed in Hidalgo County; there is no ordinance against it and the county cannot zone private yards. The only limit is nuisance abatement: a compost pile that becomes unsanitary or harbors vermin can be addressed under Texas Health & Safety Code 343.011.
No statewide ADU mandate in Texas. Edinburg's UDC governs accessory dwelling units. Check with the Development Center for current allowances in specific zoning districts.
Garage conversions require building permits from Edinburg Development Center. Must comply with UDC zoning and building codes.
Accessory structures in Edinburg require building permits for structures over certain size thresholds. Setbacks governed by the UDC.
Texas counties cannot zone, so unincorporated Hidalgo County has no carport ordinance and no setback or height limits like a city would set. The county Planning Department still requires a development permit for any structure, and a floodplain development permit if the carport sits in a mapped flood zone.
Texas counties cannot zone, so unincorporated Hidalgo County has no minimum-dwelling-size or tiny-home ordinance. Placing a tiny home instead triggers a septic (OSSF) permit, a county development permit, a floodplain permit in flood zones, and subdivision platting under Local Government Code Chapter 232.
Edinburg's fence regulations are in the UDC (Unified Development Code). Fences must be smooth side out toward the street. No specific state height preemption β local zoning governs.
Hidalgo County has no zoning, so it sets no neighbor or boundary-fence rules in unincorporated areas. Shared-fence rights come from Texas common law and deed restrictions, not county code. Under Texas Property Code Chapter 202, a subdivision's restrictive covenants govern many fences and are liberally construed.
Hidalgo County restricts no fence materials in unincorporated areas because Texas counties have no zoning authority; barbed wire, chain-link, and similar materials are not county-prohibited. Material limits can come only from recorded deed restrictions or HOA covenants, or from a city's code if your property is inside city limits.
Hidalgo County issues no zoning or building permit for a stand-alone fence in unincorporated areas; with no zoning power, there is no county fence permit. County permitting covers subdivision platting, floodplain, and septic. A fence inside a city needs that city's permit, and HOA covenants may require approval.
Hidalgo County imposes no general fence-construction requirements in unincorporated areas because Texas counties have no zoning authority. There is no county rule on fence style, setback, or design. Requirements come only from a plat, deed restrictions, or HOA covenants, and from a city if your land is inside city limits.
Hidalgo County has no zoning and adopts no county building code, so it sets no county retaining-wall height or permit rule in unincorporated areas. Structural safety is governed by engineering practice and, in mapped floodplains, by county floodplain rules. Inside a city, that city's building code and permit apply.
Hidalgo County sets no approved or prohibited fence-material list for unincorporated areas because it has no zoning authority. Owners may use wood, masonry, wrought iron, chain-link, or farm wire freely on their own land, subject only to deed restrictions or HOA covenants, and to a city's code inside city limits.
Hidalgo County has no zoning authority, so home businesses in unincorporated areas are not restricted by county land-use rules. Texas counties generally cannot zone; only cities can impose home-occupation zoning inside their limits.
Hidalgo County issues no home-occupation permit because it has no zoning authority over unincorporated areas. Home businesses need no county land-use approval, though state trade and professional licensing still applies.
Hidalgo County has no zoning or sign ordinance for residential property, so home businesses in unincorporated areas face no county limit on signs. Sign rules apply only inside city limits or, for highway signs, under TxDOT state law.
Cottage food producers in Hidalgo County follow the Texas Cottage Food Law, not a county ordinance. No permit or inspection is required, and annual gross food income is capped at $50,000 under Texas Health & Safety Code Β§437.001.
Home daycares in Hidalgo County are licensed by the state, not the county β Texas counties cannot zone. Texas Human Resources Code Β§42.041 bars operating a child-care facility without a license from Texas Health and Human Services.
Residential barbecue grilling is allowed in Hidalgo County, but during an active Commissioners Court burn ban outdoor open flames are restricted, and propane cylinders must be stored and used per the Railroad Commission LP-gas rules and the International Fire Code.
Backyard smokers and wood or charcoal cooking are allowed in Hidalgo County when no burn ban is in effect, but must be attended, and open wood fires are restricted during a Commissioners Court burn ban issued during drought or elevated fire danger.
Hidalgo County sets no lot-coverage or floor-area ratio limit in unincorporated areas because Texas counties have no zoning authority. The county's land control is subdivision platting (lot layout under Local Government Code Chapter 232), not coverage. Coverage caps, if any, come from deed restrictions or a city inside city limits.
Hidalgo County has no general zoning, so there is no county-wide numeric building setback in unincorporated areas. Setbacks come from recorded subdivision plat building lines, reviewed by the Planning Department, and from deed restrictions. Along public roads, the commissioners court may set set-back lines under Local Government Code Chapter 233.
Hidalgo County sets no building or structure height limit in unincorporated areas because Texas counties have no zoning authority. There is no county maximum height for homes, barns, or accessory structures outside city limits. Any limits come from deed restrictions or HOA covenants, or a city inside city limits.
In unincorporated Hidalgo County, blighted property is addressed under Texas Health & Safety Code Chapter 343. The Commissioners Court runs an Unincorporated Area Nuisance Abatement Program targeting weedy lots, rubbish, junk, and drainage-blocking conditions on private land.
Vacant and weedy lots in unincorporated Hidalgo County are regulated as public nuisances under Texas Health & Safety Code Chapter 343. Overgrown lots, dumped debris, and drainage-blocking brush are the main targets of the county's Nuisance Abatement Program.
Unincorporated Hidalgo County does not license or limit residential garage and yard sales; there is no county garage-sale permit. Sales are governed only by state nuisance and sign rules, while cities within the county set their own permit requirements.
Unincorporated Hidalgo County has no cart-color or set-out ordinance because there is no county curbside service. State nuisance law requires refuse to be kept in a closed receptacle so it does not become a public nuisance in a neighborhood.
In unincorporated Hidalgo County, tall weeds near homes and businesses are a public nuisance under Texas Health & Safety Code Section 343.011. The county's Nuisance Abatement Program mows weedy lots after notice and bills the owner.
Hidalgo County provides no curbside trash pickup in unincorporated areas. Rural residents buy a vehicle permit and haul waste to one of 13 Citizen Collection Stations, or arrange private subscription service; city residents use their city's collection.
There are no county curbside set-out or bin-placement rules in unincorporated Hidalgo County because trash is disposed of by drop-off at Citizen Collection Stations, not curb collection. State nuisance law still requires refuse to stay contained.
Hidalgo County does not run a mandatory or curbside recycling program for unincorporated areas. Its rural solid-waste program is permit-based drop-off disposal only; recycling is voluntary and provided through cities or private services.
Unincorporated Hidalgo County residents dispose of bulky items and brush at permitted county drop-off sites, not through curbside bulk pickup. Recovery centers accept large household items, and a separate brush site and construction facility handle other materials.
Illegal dumping in unincorporated Hidalgo County is a state offense under Texas Health & Safety Code Section 365.012, enforced by the county. Disposing of solid waste anywhere other than an approved site is prosecuted, and residents can report dumping to the county online.
Texas counties cannot zone, so unincorporated Hidalgo County has no garage-sale-sign ordinance. Signs may be posted on private property with the owner's permission, but signs in a county or state road right-of-way may be removed by the road authority under state law.
Texas counties cannot zone, so unincorporated Hidalgo County has no political-sign ordinance regulating signs on private property. Election signs are broadly protected by the First Amendment, and state law limits how close any sign may sit to a county road right-of-way.
Texas counties cannot zone, so unincorporated Hidalgo County has no dark-sky or outdoor-lighting ordinance. Texas does have a statewide outdoor-lighting law for state-funded projects, but on private property in the county lighting is largely unregulated.
Texas counties cannot zone, so unincorporated Hidalgo County has no light-trespass ordinance. Light spilling onto a neighbor's property is not handled by a county lighting code; the usual remedy is a private nuisance claim under Texas common law, or a city ordinance inside city limits.
Hidalgo County parks are run by the county precinct parks departments, which set posted closing hours. In Precinct 2, visitors must be out of the park by 9 p.m., with Las Milpas Park closing at 7 p.m. Hours are posted and enforced at each park.
Texas HB 1819 (88th Legislature, 2023), codified at Local Government Code 341.906 / 351.906 / 370.004, prohibits all Texas municipalities and counties from adopting or enforcing juvenile curfew ordinances. Existing local curfews expired automatically and are unenforceable across Texas.
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 Β§ 209.0094), but a Texas HOA may not foreclose that lien without first obtaining a court order (Β§ 209.0092). Owners can demand an alternative payment plan of at least three months under Β§ 209.0062 before collection proceeds.
Texas requires open HOA governance: Tex. Prop. Code Β§ 209.0051 makes board meetings open to owners with advance notice, Β§ 209.005 gives owners the right to inspect association books and records, and Β§ 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: Β§ 209.006 requires certified-mail notice and a cure opportunity before most enforcement, and Β§ 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 Β§ 209.006 requires written notice by certified mail describing the violation and a reasonable time to cure. The owner may request a hearing under Β§ 209.007 within 30 days, and Β§ 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 Β§ 202.010 bars associations from prohibiting solar energy devices, Β§ 202.012 protects the U.S., Texas, and military flags, Β§ 202.009 protects political signs in the pre-election window, and Β§ 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 Β§ 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 Β§ 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; Β§ 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 Β§ 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 Β§ 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 Β§ 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 (Β§ 16.024), 5 years with a registered deed plus paid taxes (Β§ 16.025), 10 years for bare possession capped at 160 acres (Β§ 16.026), and 25 years under a recorded instrument (Β§ 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.