Port Lavaca, Texas Short Term Rental Regulations Guide for Airbnb hosts

Overview

Short-term rentals ARE ALLOWED in Port Lavaca, Texas as of September 8, 2025, following the passage of comprehensive STR regulations (Ordinance #G-11-25). The city has established a complete regulatory framework governing the operation of residential properties as short-term rentals, including registration requirements, operational standards, and tax obligations. Investors should note that while STRs are permitted, they must comply with all applicable city ordinances and state regulations.

How to Start a Short-Term Rental Business in Port Lavaca

Step 1: Property Assessment and Due Diligence

Before acquiring or listing a property as an STR, verify:

Property zoning allows short-term rental use (confirm no deed restrictions or HOA prohibitions)
Property is within Port Lavaca city limits or extraterritorial jurisdiction (ETJ)
Owner has clear title and no outstanding city fees (property taxes, utilities, maintenance)
Property meets basic safety requirements

Step 2: Registration and Permitting Process

Timeline: Complete registration before advertising or operating the STR

Key Requirements:

Submit complete registration application to the Development Services Department
Pay $150 initial registration fee per unit
Provide written property owner authorization if not the owner
Designate a Local Contact Person available 24/7 during occupied periods
Complete on-site inspection by Building Official

Step 3: Operational Setup

Pre-Operation Checklist:

Post required information within the unit
Install required safety equipment (smoke/CO detectors, fire extinguisher)
Verify parking compliance
Register any alarm systems with Port Lavaca Police Department
Establish procedures for HOT collection and remittance

Step 4: Ongoing Compliance

Renew registration annually ($100 renewal fee)
Complete inspections every two years
Maintain availability of Local Contact Person
Remit Hotel Occupancy Taxes quarterly
Monitor and address complaints promptly

Required Documents, Permits, Licenses, and Guidelines

Primary Registration Requirements

Application Package Must Include:

Owner Information: Name, address, email, phone number
Operator Information: If different from owner, same contact details
Local Contact Person: Name, address, email, phone number (must be available 24/7 during guest stays)
Property Details: Physical and mailing address, number of sleeping rooms
Property Authorization: Notarized document if applicant doesn't own the property
Site Diagram: Layout showing property use and on-site parking spaces
Proof of HOT Payment: For renewals, evidence of timely HOT remittance during previous registration periods
Registration Fee: $150 initial, $100 annual renewal

Operational Permits and Registrations

Short-Term Rental Permit: Issued after successful inspection (valid 12 months)
Hotel Occupancy Tax Registration: Required for tax collection and remittance
Alarm System Registration: Required if property has active alarm system (must be registered with Police Department and listed on STR permit)

Required Safety Equipment

Working smoke detectors (installed per building codes)
Working carbon monoxide detectors (per applicable codes)
At least one working Type A fire extinguisher
Emergency contact information postings
Floor plan with evacuation routes posted

Insurance and Liability Considerations

While not explicitly stated in the ordinance, investors should maintain comprehensive liability insurance and ensure coverage specifically addresses short-term rental operations.

Specific Regulations: City, County, and State Level

City of Port Lavaca STR Regulations (Chapter 12, Article VI)

Definition of Short-Term Rental:

Residential property rented for less than 30 consecutive days
Includes single-family dwellings, condos, duplexes, townhomes, mobile homes, RVs
Excludes multi-family complexes, hotels, motels, RV parks, and properties used for religious/charitable/educational purposes

Occupancy Limits:

Maximum occupancy: 3 times the number of sleeping rooms
Only adults (18+) counted in occupancy calculation
Children under 18 not included in count
Capacity determined at permit issuance and inspection

Advertising Requirements:

Registration number must appear in ALL advertisements
Includes internet booking sites (Airbnb, VRBO, etc.)
Promoting availability without a permit is unlawful

Property Use Restrictions:

Must comply with City Sign Ordinance (Chapter 36)
Parking must comply with Chapter 48 Division 3
No parking allowed in public right-of-way or access easements
Yards/landscaping cannot be used for required parking

Legal Non-Conforming Status:

Existing STRs operating for 1+ years at ordinance adoption may qualify
Must have no complaints filed against the property
Must demonstrate timely HOT payment
Status negated upon change of ownership
Must still comply with all other regulations

Hotel Occupancy Tax Requirements

City Hotel Occupancy Tax: 7% (Chapter 44, Article III) State Hotel Occupancy Tax: 6% (Texas Tax Code Chapter 351)

Tax Filing Requirements:

File quarterly using city's remittance form
Periods: Oct-Dec (due Jan 31), Jan-Mar (due Apr 30), Apr-Jun (due Jul 31), Jul-Sep (due Oct 31)
File even with $0 receipts
Can file online or by paper form
Payment accepted by credit card, ACH, check, or money order

Taxable Revenue Includes:

Room rates
Cleaning fees
Pet fees
All gross receipts before platform service fee deductions

Common Exemptions:

Stays over 30 consecutive days (must document)
State and federal officials/employees
501(c)(3) charitable organizations
Educational entities (exempt from state tax only)
Religious organizations

Safety and Operational Standards

Noise Compliance:

Must comply with City Noise Ordinance (Chapter 20, Article VI)
Local Contact Person responsible for addressing noise complaints

Waste Management:

Must comply with City Solid Waste Ordinance (Chapter 38, Article II)
Garbage disposal instructions must be posted for guests

Fire and Safety Codes:

Must comply with 2021 International Fire Code (Chapter 12, Article II)
Working smoke and carbon monoxide detectors required
At least one Type A fire extinguisher required
Evacuation routes must be posted

Enforcement and Penalties

Violation Classifications:

Any violation of STR regulations is a Class C misdemeanor
Fine amount set in Section 1-8 of Code of Ordinances
No culpable mental state required for prosecution

Permit Suspension/Revocation:

Director may suspend or revoke permits upon conviction
Written notice delivered by certified mail
30-day appeal period to Director
Further 30-day appeal period following Director's decision

Presumption of Liability:

Proof of violation at STR creates rebuttable presumption that owner committed the violation

State-Level Texas Regulations

Texas Property Code Title 8, Section 92.010:

Establishes the occupancy calculation method used by Port Lavaca (3x sleeping rooms)
Defines adult as 18 years or older

Texas Tax Code Chapter 351:

Imposes 6% state hotel occupancy tax on short-term rentals
Requires collection from guests and remittance to state

Chapter 442-H New York Standard Operating Procedures:

Referenced for general hospitality industry standards
Not directly applicable to Port Lavaca operations

Additional State Considerations:

Municipal hotel occupancy taxes are in addition to state tax
State law preempts local regulation in certain areas
Property must comply with all applicable building and safety codes

Contact Information for Local Authorities

Primary STR Administration

Development Services Department

Director: Derrick Smith
Phone: (361) 552-9793
Email: Contact through main city line
Address: 202 North Virginia, Port Lavaca, TX 77979
Responsibility: STR permit applications, inspections, code enforcement

Hotel Occupancy Tax Administration

Finance Department

Finance Director: Brittney Hogan
- Phone: (361) 552-9793 ext. 234
- Email: bhogan@portlavaca.org
Accountant: Jasmine Stafford
- Phone: (361) 552-9793 ext. 242
- Email: jstafford@portlavaca.org
Accountant: Reyann Garcia Grimaldo
- Phone: (361) 552-9793 ext. 245
- Email: rgarcia@portlavaca.org

HOT Remittance Address

Mailing Address for HOT Payments: Avenu Insights & Analytics
Attn: TX Hotel Occupancy Tax
P.O. Box 830725
Birmingham, AL 35283-0725

Additional City Contacts

City Hall Main Number: (361) 552-9793
Customer Service Email: customerservice@portlavaca.org
City Secretary: Mandy Grant (361) 552-9793 ext. 230

Compliance and Enforcement

Code Enforcement:

Daytime complaints: City Code Enforcement office
After-hours complaints: Port Lavaca Police Department
Police Department main: (361) 552-9793

Building Official/Inspections:

Development Services Department
Responsible for pre-issuance and biennial inspections

Important City Resources

City Website: portlavaca.org
ETJ Boundary Map: Available at portlavaca.org/wp-content/uploads/2022/06/CityofPortLavacaETJMap.pdf
Online HOT Filing: hoteltaxonline.com
City Manager/Report Concerns: Available through city website

Links to Source Pages

Note: This guide is based on current regulations as of the provided documents. Investors should verify current requirements with the City of Port Lavaca Development Services Department before proceeding with any STR investment or operations, as ordinances may be subject to amendment or review by city council within one year of adoption as noted in Section 12-352(f) of the STR ordinance.

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