Hidalgo County, TX Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- County occupancy cap
- None in unincorporated areas
- Source of limits
- City STR ordinances
- McAllen STR rule
- Code Ch. 46, Art. VII
- Practical limits
- Septic and building codes
Summary
Hidalgo County sets no short-term rental occupancy cap in unincorporated areas because it cannot zone or license STRs. Any guest or maximum-occupancy limit comes from a city ordinance inside McAllen, Edinburg, Mission, or Pharr.
Sec. 92.010. OCCUPANCY LIMITS. (a) Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling.(b) A landlord may allow an occupancy rate of more than three adult tenants per bedroom:(1) to the extent that the landlord is required by a state or federal fair housing law to allow a higher occupancy rate; or(2) if an adult whose occupancy causes a violation of Subsection (a) is seeking temporary sanctuary from family violence, as defined by Section 71.004, Family Code, for a period that does not exceed one month.
Full Breakdown
Because Texas counties lack general zoning and land-use authority over unincorporated private property, Hidalgo County imposes no maximum occupancy, bedroom-based guest count, or persons-per-unit limit on short-term rentals outside city limits. Occupancy standards for STRs are set only where a city has adopted them: McAllen's short-term rental ordinance (Code Chapter 46, Article VII) governs single-family dwellings used as STRs and, like other Texas cities, may tie guest counts to bedrooms or square footage. For unincorporated tracts, the practical constraints are building, septic, and life-safety codes rather than a county occupancy ordinance. Operators near or inside a municipality should check that city's STR rules for any headcount limit.
Violations & Fines
No county occupancy penalty exists; city STR ordinances enforce their own occupancy limits within municipal limits.
Frequently Asked Questions
Does Hidalgo County limit how many guests my STR can host?
Are there any headcount rules outside city limits?
Sources & Official References
Other rules in Hidalgo County
Texas rules heatmap·Compare Hidalgo County to another location·View the Texas short-term rentals overview
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