Short-term rentals in Alpine, explained properly.

A permit expires on the last day of the month one year after the date it is issued (Sec. 22-155(b)). It cannot be renewed without a completed renewal application from the owner and payment of the renewal fee (Sec. 22-155(b)).

A renewal application satisfying the chapter and the zoning ordinance is approved by the administrator or designee (Sec. 22-155(b)). The renewal application includes updates, if any, to the original application information, and the permit holder signs a statement that nothing has changed or that any updated information is accurate and complete (Sec. 22-156(b)). A renewal application submitted after the current permit has expired is treated as an application for a new permit (Sec. 22-156(c)). If a complete renewal application is submitted less than 30 days before expiration, the administrator may, in his sole discretion, grant a one-time extension of the current permit not to exceed ten days (Sec. 22-156(d)). If a permit is not renewed, the owner must discontinue the use no later than the date the permit or any extension expires (Sec. 22-168(b)). Renewals after the first permit are reviewed and issued administratively and do not need City Council approval (Sec. 22-160(c)).

The article says twice that permits are not transferable (Secs. 22-155(a) and 22-162).

A complete application includes the owner's name, address, contact information and signature; the operator, agent (if any) and local responsible party; a dimensioned floor plan showing bedrooms, other living spaces and emergency evacuation routes; a release of liability; a copy of the proposed host rules; and a completed self-inspection report on the administrator's form (Sec. 22-156(a)). Once the forms are complete, the administrator or designee approves the premises and the initial permit fee is paid, the administrator may recommend issuance of the initial permit to the City Council, and once the Council approves it the initial permit is issued (Sec. 22-160(b)). Section 22-154 separately says a permit shall be approved by the administrator or designee when the application satisfies the conditions of the chapter, the taxation chapter and the zoning ordinance. The two sections word the approval differently, so confirm with the City whether the first permit goes to the Council. The City also mails or distributes a flier about the rental to neighbors (Sec. 22-164).

The initial permit fee is nonrefundable and includes the preliminary fire inspection fees; the annual renewal fee and the annual fire inspection fee are also set in the building services fee schedule, which the article calls Appendix B: Building Services Fees and sets by annual City Council resolution (Sec. 22-160(a), (d) and (e)). The article says a copy may be obtained at City Hall during normal business hours or at www.cityofalpine.com/fees. We haven't reviewed the fee schedule yet, so no dollar amount or schedule date is shown here.

It is unlawful for the owner of a premises operating as a short-term rental to operate without either proof of insurance or a release of liability indemnifying and holding the city harmless from claims arising from the operation (Sec. 22-158). The application must include a release of liability releasing the City from liability that arises from the operation of the rental (Sec. 22-156(a)(4)).

The initial, nonrefundable permit fee includes the preliminary fire inspection fees (Sec. 22-160(a)). An annual fire inspection is required, with its fee set in the City's building services fee schedule (Sec. 22-160(e)). Applicants also submit a completed self-inspection report on the administrator's form (Sec. 22-156(a)(6)).

The local responsible party must be available in person or by phone at all times while occupants are on the premises, must be present within one hour of a call from the administrator or designee, and must be authorized to make decisions about the premises and its occupants; designating one does not release the owner from liability under the chapter (Sec. 22-157). The application lists the name, address and contact information of the operator, any agent and the designated local responsible party (Sec. 22-156(a)(2)).

The article requires the owner to designate a local responsible party who must be available in person or by phone while occupants are present, be able to be at the premises within one hour of a call from the administrator or designee, and be authorized to make decisions about the premises and its occupants (Sec. 22-157). The application names the operator, any agent and that party (Sec. 22-156(a)(2)). Because that party can act for the owner, owner residency is answered No here; confirm with the City whether it expects the owner or a representative to be reachable locally.

It is also unlawful for an owner to fail to pay hotel occupancy taxes under state law and the chapter (Sec. 22-161). The City tax is governed by the City's hotel occupancy tax ordinance (Article IV, Hotel Occupancy Tax), which we haven't reviewed yet, so no City rate is shown here. State hotel occupancy tax rules are shown in the Texas section of this page. The article also says nothing relieves an owner, occupant or platform of obligations under state law and the Code, including those under the Tax Code (Sec. 22-153(c)).

It is unlawful to fail to provide the requested information in a timely manner (Sec. 22-161).

Sec. 22-152 defines a short-term rental this way. "Rental" covers renting, bartering, trading, letting or otherwise allowing use of a residence, structure or rooms, and the definition of "owner" includes anyone with a legal or equitable interest, the person recorded as holding title, or anyone who otherwise controls the property. A "unit" is a separate accommodation, room, bungalow, casita, trailer or cabin on a single premises.

All permits must meet the general zoning regulations in Appendix C, Zoning, of the Code (Sec. 22-165). Sec. 22-159 (headed "Building permits required; conformance with zoning requirements") says all work done to the property must meet City permitting requirements and that no permits shall be issued for properties that are non-conforming under the City's zoning ordinance. We haven't reviewed Appendix C (Zoning) yet, so the district boundaries and what each district allows are not shown here.

Sec. 22-165 ties the listed zones to a conditional use permit and refers to the general zoning regulations in Appendix C, Zoning. We haven't reviewed Appendix C, so the application steps, fee and hearing process for a conditional use permit are not shown here.

Sec. 22-163 says parking is established by the City zoning ordinance. The flier sent to neighbors contains the owner and representative contact information, a parking plan and the City website address where the information is also posted (Sec. 22-164).

The flier contains the owner and representative contact information, a parking plan and the City website address where the information is also posted; the neighbors and the City are to be informed whenever contact information changes (Sec. 22-164).

No short-term rental may be listed on a hosting platform that does not include the permit number (Sec. 22-166(a)). After the City notifies the operator that a permit number is invalid, expired or revoked, identifying the listing and the reason, the operator must remove the listing as soon as practicable (Sec. 22-166(b)). Hosting platforms must also give each owner listing a rental in the city a notice that the article prohibits short-term rental of residential premises in the city without an active permit, before the owner lists the premises (Sec. 22-153(b)).

Any person, firm or corporation violating the article is guilty of a misdemeanor and, on conviction, is fined an amount not to exceed $2,000.00; a separate offense is committed on each day a violation occurs or continues (Sec. 22-167). A listing for a permit that is invalid, expired or revoked must be removed after City notice (Sec. 22-166(b)).

Texas Tax Code § 156.052 sets the state hotel occupancy tax at 6% of the price paid for a room, and § 156.051(a) applies it to rooms or spaces costing $15 or more a day. Section 156.001(b) makes a short-term rental (renting all or part of a residential property to someone who is not a permanent resident) a "hotel" for state and local hotel occupancy taxes. Stays of at least 30 consecutive days, with no interruption of payment, are not taxed (§ 156.101). Local hotel taxes are added on top and vary by city and county.

Whoever owns, operates, manages or controls a hotel must collect the state tax (Tax Code § 156.053), and the Comptroller's office treats short-term rentals the same way. The Comptroller does not issue printed hotel tax permits; a business that reports the tax sends Form AP-102 (Hotel Occupancy Tax Questionnaire) to the Comptroller. A short-term rental platform that has agreed with the owner to collect and remit state hotel tax files Form AP-102 itself, and an owner who rents only through such a platform does not collect and remit the state tax. An owner who takes bookings directly or through a platform that does not collect must collect and remit the state tax. Local hotel taxes are handled separately by the city and county.

Each calendar month is a reporting period, with the return and tax due to the Comptroller by the 20th of the following month (Tax Code § 156.151(b)). A taxpayer who owes less than $500 for a month or $1,500 for a quarter files quarterly, due the 20th day after the quarter ends (§ 156.151(c)). The Comptroller allows a 1% discount when the return is filed and paid on time.

Cities, some counties and special purpose districts may levy their own hotel taxes, generally up to 7%, and sports or community venue projects may add up to 2% (Dallas County up to 3%). Local hotel taxes apply to sleeping rooms costing $2 or more a day. The Comptroller collects only the 6% state tax; cities and counties collect their own local hotel taxes, so hosts should check with the city and county where the rental is.