Overview: Are Short-Term Rentals Allowed in Fort Stockton, TX?

Yes, short-term rentals are explicitly allowed in Fort Stockton, Texas. The City of Fort Stockton has a dedicated regulatory framework for operating Short-Term Rentals (STRs), codified in Ordinance No. 24-105 and detailed in the city's STR permit application. This is a key distinction from cities like Austin, which have imposed bans, making Fort Stockton a compliant and viable market for STR investment.

I. How to Start a Short-Term Rental Business in Fort Stockton

The process to legally operate an STR in Fort Stockton is structured and requires compliance at multiple stages. Here is a step-by-step guide:

1. Pre-Application Preparation:

   • Confirm Zoning Eligibility: Verify that your property is located in an allowed zoning district. STRs are permitted in zoning districts SF1, SF2, SF3, C (Commercial), CA (Commercial Airport), and O (Office) as of right. STRs are permitted in SF4 (Single-Family Residential 4) and other residential districts only with a specific use permit. Check your property's zoning with the city.
   • Review HOA Rules: If your property is governed by a Homeowners' Association (HOA), obtain written confirmation from the HOA that transient rentals are allowed. This is a required document for your application.
   • Gather Required Information: Compile all necessary details, including property legal description, ownership information, potential local representative details, insurance documentation, and floor plans.

2. Submit a Complete STR Permit Application (STR-CUP):

   • File the official "Short-Term Rental Permit Application" with the City of Fort Stockton.
   • Fee: The application fee is $350.00 per property and is non-refundable.
   • The application will be placed on the public hearing agenda at the discretion of city staff, subject to the size of the agenda. A public hearing will then be held before the City Council.

3. City Public Hearing and Notification:

   • At least ten (10) days before the public hearing for your STR-CUP application, the City will send written notice to all property owners within 200 feet of your STR property.
   • The notice will provide your 24-hour contact information and information about STR regulations.
   • All public hearings are open to the public for testimony. Be prepared to address any concerns from neighbors or city officials.

4. Fire Safety Inspection:

   • After initial approval by the City Council, your STR must pass a fire inspection conducted by the Building Official or their designee.
   • The inspection ensures compliance with the 2021 International Fire Code, 2021 International Residential Code, 2021 International Building Code, and all applicable City of Fort Stockton Code of Ordinances.
   • The initial inspection fee is included in the $350.00 application fee. Any further inspections will cost $35.00 each.
   • To schedule an inspection, contact Building Services at 432.336.8525.

5. Permit Issuance and Annual Requirements:

   • Upon successful completion of the application, public hearing, and inspection, your STR-CUP will be approved, and a Short-Term Rental Permit will be issued.
   • Annual Registration: You must register with the city annually and pay a $100.00 renewal fee to keep your permit active.
   • Hotel Occupancy Tax (HOT): You must pay the city's HOT tax, which is 7% per stay. This can be paid monthly or quarterly and must be submitted using the city's short-term rental tax form. Failure to pay HOT taxes is grounds for permit revocation.

II. Required Documents, Permits, Licenses, and Guidelines

The application requires a comprehensive package of documents. Incomplete applications will not be processed. The required documents are:

• Short-Term Rental Application Form: The primary application form.
• Local Representative Certification: Documentation naming and certifying your designated 24/7 local representative.
• Acknowledgements: Signed acknowledgements of all regulations and requirements.
• HOA Declaration & Proof of Property Insurance: Either an HOA declaration allowing transient rentals OR an insurance waiver if no specific STR coverage is held.
• General Release of Liability: A signed release indemnifying the City of Fort Stockton from liability.
• Notarized Signature Authorization: A signature page signed and notarized by a Public Notary.
• STR Inspection Checklist: A signed form acknowledging inspection requirements.
• Exhibits:
  • A. Letter: A letter describing the proposed STR use and its impact on the neighborhood.
  • B. Floor Plan: A sketch with room layouts, sleeping areas, evacuation routes, and fire extinguisher locations.
  • C. Parking Plan: A site plan/survey showing the maximum number of legally parked vehicles. On-street parking is not permitted.
  • D. Applicant's Driver's License: A copy of the STR owner's license.
  • E. Local Representative's Driver's License: A copy if different from the applicant.
  • F. Proof of Property Ownership: Property tax documents, deed, or title. If you don't own the property, a letter of authorization or lease agreement from the owner is required.
  • G. Guest Info Sheet: A brochure to be provided to guests, including:
    • 24-hour contact information for the owner or local representative.
    • Neighborhood information (parking, noise, trash schedules).
    • Emergency and non-emergency phone numbers for police and fire.
    • Instructions for severe weather alerts (available at Brewstercountytx.com/hyper-reach).

III. Specific Regulations for Short-Term Rentals in Fort Stockton

The following regulations are mandatory for all permitted STRs:

• Permit Transferability: STR permits are non-transferable and do not transfer upon property sale. They are only transferable by inheritance.
• Local Responsible Party: You must designate a local representative who is available by phone 24/7. This representative must be able to physically respond to the STR property within 30 minutes. The City provides an initial mailing to neighbors within a 200-foot radius with this contact information.
• Hotel Occupancy Tax (HOT): Owners must pay a 7% HOT tax on each stay. The City has the right to request an accounting of all occupants and taxes paid.
• Safety and Inspection Standards: All properties must comply with the 2021 International Fire Code, 2021 International Residential Code, 2021 International Building Code, and City ordinances.
• Insurance: Owners must either carry specific STR insurance or provide a general release of liability indemnifying the city.
• Parking: Parking is regulated by the International Building Codes and varies by zoning. Generally, it is one parking space per sleeping unit plus one space per 500 square feet of common area.
• Zoning: STRs are permitted in districts SF1, SF2, SF3, C, CA, and O. A specific use permit is required for zones like SF4.
• Public Nuisance and Penalties: Operating an unpermitted STR is prohibited. Violating any provision of the ordinance is a misdemeanor punishable by a fine of up to $2,000.00 per offense.

IV. Contact Information

For inquiries, applications, and inspections, contact the City of Fort Stockton:

• Address: City Hall, 121 W 2nd St, Fort Stockton, TX 79735
• Phone: 432.336.8525
• Website: City of Fort Stockton Official Website
• Department: Code Enforcement / Building Services

V. Links to Source Pages

• Short-Term Rental Permit Application: https://cms9files.revize.com/fortstocktontx/SHORT%20TERM%20RENTAL%20PERMIT.pdf
• STR Ordinance No. 24-105: https://cms9files.revize.com/fortstocktontx/ORDINANCE%20NO.%2024-105%20SHORT%20TERM%20RENTALS.pdf
• City Applications Page: https://www.cityoffortstockton.com/departments/applications.php

VI. State-Level Regulations for Texas

As a state-level background, the Texas Comptroller of Public Accounts mandates the collection and remittance of Hotel Occupancy Tax (HOT) for all STRs. The state tax rate is 6%. In Fort Stockton, an additional city HOT tax of 7% is collected. The combination of state and local taxes makes the total HOT rate in Fort Stockton 13%. It is the legal responsibility of the STR owner to register with the state for HOT purposes and to collect and remit both state and local taxes. For state HOT resources and guidance, refer to the Texas Comptroller's official website.