By: Leach (Senate Sponsor - Eltife) H.B. No. 2489
(In the Senate - Received from the House May 11, 2015;
May 12, 2015, read first time and referred to Committee on Business
and Commerce; May 22, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2489 By: Taylor of Galveston
A BILL TO BE ENTITLED
AN ACT
relating to regulation by a property owners' association of
residential leases or rental agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 209, Property Code, is amended by adding
Section 209.016 to read as follows:
Sec. 209.016. REGULATION OF RESIDENTIAL LEASES OR RENTAL
AGREEMENTS. (a) In this section, "sensitive personal information"
means an individual's:
(1) social security number;
(2) driver's license number;
(3) government-issued identification number; or
(4) account, credit card, or debit card number.
(b) A property owners' association may not adopt or enforce
a provision in a dedicatory instrument that:
(1) requires a lease or rental applicant or a tenant to
be submitted to and approved for tenancy by the property owners'
association; or
(2) requires the following information to be submitted
to a property owners' association regarding a lease or rental
applicant or current tenant:
(A) a consumer or credit report; or
(B) a lease or rental application submitted by
the applicant, tenant, or that person's agent to the property owner
or property owner's agent when applying for tenancy.
(c) If a copy of the lease or rental agreement is required by
the property owners' association, any sensitive personal
information may be redacted or otherwise made unreadable or
indecipherable.
(d) Except as provided by Subsection (b), nothing in this
section shall be construed to prohibit the adoption or enforcement
of a provision in a dedicatory instrument establishing a
restriction relating to occupancy or leasing.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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