BILL ANALYSIS H.B. 3766 By: Bucy Business & Industry Committee Report (Unamended) BACKGROUND AND PURPOSE Fees for apartment rental applications can exceed $75. When these fees pile up across multiple applications, it may limit the capacity of a homeless individual or family to afford other necessities such as food, clothing, or the deposits for any apartment they may get accepted into. H.B. 3766 seeks to address this issue by providing for a rental application fee waiver for individuals experiencing homelessness. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Texas Department of Housing and Community Affairs in SECTION 1 of this bill. ANALYSIS H.B. 3766 amends the Property Code to prohibit a landlord or a landlord's agent from charging an application fee to any homeless person in order to apply to lease a dwelling if the person provides acceptable proof of the person's homelessness, as prescribed by rule of the Texas Department of Housing and Community Affairs (TDHCA). The bill requires TDHCA to adopt rules necessary to implement the fee waiver as soon as practicable after the bill's effective date and not later than January 1, 2024. EFFECTIVE DATE September 1, 2023.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 3766
By: Bucy
Business & Industry
Committee Report (Unamended)
H.B. 3766
By: Bucy
Business & Industry
Committee Report (Unamended)
BACKGROUND AND PURPOSE Fees for apartment rental applications can exceed $75. When these fees pile up across multiple applications, it may limit the capacity of a homeless individual or family to afford other necessities such as food, clothing, or the deposits for any apartment they may get accepted into. H.B. 3766 seeks to address this issue by providing for a rental application fee waiver for individuals experiencing homelessness.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Texas Department of Housing and Community Affairs in SECTION 1 of this bill.
ANALYSIS H.B. 3766 amends the Property Code to prohibit a landlord or a landlord's agent from charging an application fee to any homeless person in order to apply to lease a dwelling if the person provides acceptable proof of the person's homelessness, as prescribed by rule of the Texas Department of Housing and Community Affairs (TDHCA). The bill requires TDHCA to adopt rules necessary to implement the fee waiver as soon as practicable after the bill's effective date and not later than January 1, 2024.
EFFECTIVE DATE September 1, 2023.
BACKGROUND AND PURPOSE
Fees for apartment rental applications can exceed $75. When these fees pile up across multiple applications, it may limit the capacity of a homeless individual or family to afford other necessities such as food, clothing, or the deposits for any apartment they may get accepted into. H.B. 3766 seeks to address this issue by providing for a rental application fee waiver for individuals experiencing homelessness.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Department of Housing and Community Affairs in SECTION 1 of this bill.
ANALYSIS
H.B. 3766 amends the Property Code to prohibit a landlord or a landlord's agent from charging an application fee to any homeless person in order to apply to lease a dwelling if the person provides acceptable proof of the person's homelessness, as prescribed by rule of the Texas Department of Housing and Community Affairs (TDHCA). The bill requires TDHCA to adopt rules necessary to implement the fee waiver as soon as practicable after the bill's effective date and not later than January 1, 2024.
EFFECTIVE DATE
September 1, 2023.