| 1 | 1 | | 88R3061 KBB-D |
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| 2 | 2 | | By: Hinojosa H.B. No. 1049 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting a prospective residential landlord from |
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| 8 | 8 | | increasing the amount of rent during the rental application |
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| 9 | 9 | | process. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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| 12 | 12 | | amended by adding Section 92.027 to read as follows: |
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| 13 | 13 | | Sec. 92.027. PROSPECTIVE LANDLORD PROHIBITED FROM |
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| 14 | 14 | | INCREASING RENT AMOUNT DURING APPLICATION PROCESS. (a) In this |
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| 15 | 15 | | section, "applicant," "landlord," and "rental application" have |
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| 16 | 16 | | the meanings assigned by Section 92.351. |
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| 17 | 17 | | (b) This section applies only to a rental application |
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| 18 | 18 | | provided by a landlord to an applicant that: |
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| 19 | 19 | | (1) provides that the applicant will be considered to |
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| 20 | 20 | | lease a specific rental unit; and |
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| 21 | 21 | | (2) states the monthly rent amount at which the |
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| 22 | 22 | | specified rental unit will be offered to an approved applicant. |
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| 23 | 23 | | (c) A landlord who approves a rental application to which |
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| 24 | 24 | | this section applies must provide to the applicant a written lease |
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| 25 | 25 | | agreement for the rental unit referenced in the application at the |
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| 26 | 26 | | monthly rent amount stated in the application. |
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| 27 | 27 | | (d) A landlord who violates this section is liable to the |
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| 28 | 28 | | applicant for an amount equal to the sum of $100, three times the |
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| 29 | 29 | | amount of any application fee or deposit, and the applicant's |
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| 30 | 30 | | reasonable attorney's fees. |
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| 31 | 31 | | SECTION 2. Section 92.027, Property Code, as added by this |
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| 32 | 32 | | Act, applies only to a rental application provided to an applicant |
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| 33 | 33 | | on or after the effective date of this Act. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2023. |
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