Texas 2021 - 87th Regular

Texas House Bill HB1153 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1153
	1	+	By: Vo (Senate Sponsor - Birdwell) H.B. No. 1153
	2	+	(In the Senate - Received from the House April 27, 2021;
	3	+	May 10, 2021, read first time and referred to Committee on Natural
	4	+	Resources & Economic Development; May 19, 2021, reported favorably
	5	+	by the following vote: Yeas 7, Nays 0; May 19, 2021, sent to
	6	+	printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the applicability of the Texas Fair Housing Act to
6	13		certain sales and rentals.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Section 301.041, Property Code, is amended to
9	16		read as follows:
10	17		Sec. 301.041. CERTAIN SALES AND RENTALS EXEMPTED. (a)
11	18		Sections 301.021, 301.023, 301.024, and 301.025 do [Subchapter B
12	19		does] not apply to:
13	20		(1) the sale or rental of a single-family house sold or
14	21		rented by the owner if:
15	22		(A) the owner does not:
16	23		(i) own more than three single-family
17	24		houses at any one time; or
18	25		(ii) own any interest in, nor is there owned
19	26		or reserved on the person's behalf, under any express or voluntary
20	27		agreement, title to or any right to any part of the proceeds from
21	28		the sale or rental of more than three single-family houses at any
22	29		one time; and
23	30		(B) the house is sold or rented without:
24	31		(i) the use of the sales or rental
25	32		facilities or services of a broker, agent, or salesperson licensed
26	33		under Chapter 1101, Occupations Code, or of an employee or agent of
27	34		a licensed broker, agent, or salesperson, or the facilities or
28	35		services of any person in the business of selling or renting a
29	36		dwelling [the owner of a dwelling designed or intended for
30	37		occupancy by five or more families]; or
31	38		(ii) the publication, posting, or mailing
32	39		of a notice, statement, or advertisement prohibited by Section
33	40		301.022; or
34	41		(2) the sale or rental of the rooms or units in a
35	42		dwelling containing living quarters occupied by or intended to be
36	43		occupied by not more than four families living independently of
37	44		each other, if the owner maintains and occupies one of the living
38	45		quarters as the owner's residence.
39	46		(b) The exemption in Subsection (a)(1) applies only to one
40	47		sale [or rental] in a 24-month period if the owner was not the most
41	48		recent resident of the house at the time of the sale [or rental].
42	49		(c) Subsection (a) does not prohibit the use of attorneys,
43	50		escrow agents, abstractors, title companies, and other
44	51		professional assistants necessary to transfer title.
45	52		(d) For purposes of Subsection (a), a person is in the
46	53		business of selling or renting a dwelling if:
47	54		(1) the person has, within the preceding year,
48	55		participated as the seller or landlord in three or more
49	56		transactions involving the sale or rental of a dwelling or any
50	57		interest in a dwelling;
51	58		(2) the person has, within the preceding year,
52	59		participated in two or more transactions, other than transactions
53	60		involving the person's own dwelling, as an agent providing sales or
54	61		rental facilities or services involving the sale or rental of a
55	62		dwelling or any interest in a dwelling; or
56	63		(3) the person is the owner of a dwelling designed or
57	64		intended for occupancy by, or that is occupied by, five or more
58	65		families.
59	66		SECTION 2. This Act takes effect September 1, 2021.
60		-	______________________________ ______________________________
61		-	President of the Senate Speaker of the House
62		-	I certify that H.B. No. 1153 was passed by the House on April
63		-	27, 2021, by the following vote: Yeas 108, Nays 37, 1 present, not
64		-	voting.
65		-	______________________________
66		-	Chief Clerk of the House
67		-	I certify that H.B. No. 1153 was passed by the Senate on May
68		-	21, 2021, by the following vote: Yeas 31, Nays 0.
69		-	______________________________
70		-	Secretary of the Senate
71		-	APPROVED: _____________________
72		-	Date
73		-	_____________________
74		-	Governor
	67	+	* * * * *