Short-term rentals in Wimberley, explained properly.

Sec. 9.03.141(c) requires a CUP, legislatively approved under Secs. 9.03.255 and 9.03.141, for all transient lodging approved after the enactment of the regulations. Existing transient lodging uses without a CUP are subject to Sec. 9.03.252, which was not read (Sec. 9.03.141(k)). The City Council, on the recommendation of the Planning and Zoning Commission, decides each CUP and must consider factors such as the impact on surrounding residential properties, occupancy relative to the size of the property, setbacks, privacy fencing, access to waterways and parking (Sec. 9.03.141(g)). The City's page says a CUP stays on the property indefinitely once approved. The August 20, 2026 ordinance described under the first rule changes where a CUP is available or needed (for example no STR2 CUP in R-3, and STR1 by right in C1, C2 and C3), and its text was not read.

The City's page says the City Planner reviews the application, posts a sign on the property, writes to property owners within 200 feet and publishes a legal notice. The Planning and Zoning Commission holds a public hearing and acts on the application, and the application then goes to City Council for a second public hearing and final vote, whether or not the Commission approved it. The page says that under state law, if owners of 20 percent or more of the contiguous property (by land area) oppose the CUP, a supermajority of Council is needed, meaning four of the five members. Typical processing time is 45 to 60 days after submission. The City Planner can give a timeline.

The City's page says City Council may place conditions on a CUP during the application process, such as a maximum guest occupancy, and that failure to comply can result in the CUP being revoked. Sec. 5.04.002(b)(3) requires the property owner to comply with every requirement of the applicable CUP. Sec. 5.04.005(b) makes it unlawful for a STR2 agency to advertise an occupancy limit for a STR2 that exceeds the septic capacity established by the city. The page says the property is also subject to the City's ordinances on septic compliance, parking, noise mitigation and dark sky lighting.

Sec. 9.03.141(h)(1) provides that the STR CUP shall terminate and be considered abandoned if and when there is evidence of no transient lodging rental activity, based in part on the state occupancy tax reports, for a period of nine consecutive months. The burden is on the property owner to prove the property has been in continuous use. The City's page, by contrast, says an approved CUP stays on the property indefinitely; the Code controls, and the August 20, 2026 ordinance text was not read.

Appendix A of the City fee schedule lists a Conditional use permit fee of $750 (and $750 for a CUP amendment). The schedule text we read shows no effective date, and the City's file name labels it FY2024-2025, so a newer schedule may apply and the current fee should be confirmed with the City. Under Sec. 9.03.141(f), an applicant for a STR CUP who withdraws before the Planning and Zoning Commission presentation is refunded all but one-half of the application fee, and no fee is refunded if the application is withdrawn after that presentation.

A STR2 permit holder must give the City and the property owners within 200 feet the name and contact information (telephone numbers and e-mail address) of the local responsible party. The local contact must be able to respond to any incident within 30 minutes of a call and be authorized to make decisions regarding tenants at the property, and the owner must send updated details to the City and the neighbors if the contact changes (Sec. 5.04.002(c)(2)). Every STR2 must display an address sign no more than ten feet from the edge of pavement, with address numbers at least four inches high and two inches wide (Sec. 5.04.002(c)(3)).

Sec. 9.03.141(h)(3) says parking complies with the base zoning district except as the subsection provides. On-street parking is prohibited in the RA, R-1, R-2, R-3, R-4, R-5, MF-1, MF-2 and MH districts, and parking in those districts must meet the rest of the subsection: a STR1 must provide two parking spaces and a STR2 one parking space, off-street on the same site, in clearly identified parking areas with adequate maneuvering space. In planning areas I and II, parking must be on a suitable parking surface as determined by the City; in other planning areas, off-street parking must be surfaced under the City's parking lot surfacing requirements. No parking is permitted on grass, in landscaped areas or on other unimproved surfaces.

Sec. 5.04.002(b)(2) prohibits unruly gatherings at a permitted STR2. It defines an unruly gathering as a gathering of more than one person on a premises in the city that, by reason of the conduct of those attending, results in one or more listed conditions on public or private property, including rioting, trespassing, unlawful sale, furnishing, possession or consumption of alcoholic beverages, destruction of property, obstruction of roadways or driveways, excessive noise, disturbances or brawls, public urination, indecent exposure, or any other occurrence that results in a call for service by a law enforcement agency.

Sec. 5.04.005 makes it unlawful for a booking agency or other person to facilitate a reservation for a STR1 or STR2 when it knows, or constructively knows, that the property does not meet Sec. 9.03.141, including the requirement to have an approved CUP. The owner or the owner's agent must give each STR2 renter a property map showing the property boundaries and advising that trespassing on adjacent property is prohibited. It is also unlawful to list or market a property for sale as a new STR1 or STR2 without telling the buyer that the property may not be used as one without an approved CUP; giving the buyer the written notice in bold type "THIS PROPERTY HAS NOT BEEN APPROVED BY THE CITY OF WIMBERLEY FOR USE AS A STR1 OR STR2." is a defense to prosecution.

Sec. 5.04.002(c)(1) says that before a STR2 permit is renewed, city staff will review the site's history, including the number of complaints received during the most recent permit period. If the property received two or more registered valid unresolved complaints about violations of city ordinances, CUP requirements or state law during that period, the owner must appear before the City Council as a condition of renewal. The City records every valid unresolved complaint and notifies the owner and any listing agent (Sec. 5.04.006(a), (b)).

Under Sec. 5.04.006(c) to (e), if the City Administrator receives two or more valid unresolved complaints about unruly gatherings on a single property within a one-year period, the matter goes on the next available City Council agenda so Council can consider whether the owner violated the permit terms. If Council finds the permit terms were violated, it may revoke the permit, and the City will not accept a new permit application for that property until six months after the revocation.

Under Secs. 2.10.045 and 2.10.046, a person who owns, operates, manages or controls a hotel room in the city or its extraterritorial jurisdiction collects the tax, keeps records, and on or before the day the State report and payment are due files a written City report with a copy of the State report and pays the tax due. The collector may keep no more than one percent of the tax collected to cover collection costs, and forfeits that if the tax or report is late. A penalty of 15 percent of the tax owed applies once the tax has been delinquent for one complete municipal fiscal quarter, with interest and attorney's fees (Sec. 2.10.050). A violation of the division is a class C misdemeanor with a fine up to $500 for each offense, and each day is a separate offense (Sec. 2.10.049).

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.