| 1 | 1 | | 88R1257 DRS-D |
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| 2 | 2 | | By: Hinojosa H.B. No. 649 |
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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 consideration of education-related income in |
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| 8 | 8 | | determining eligibility of applicants for residential tenancies. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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| 11 | 11 | | amended by adding Section 92.027 to read as follows: |
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| 12 | 12 | | Sec. 92.027. CONSIDERATION OF APPLICANT'S |
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| 13 | 13 | | EDUCATION-RELATED INCOME. (a) In this section, "applicant," |
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| 14 | 14 | | "landlord," and "rental application" have the meanings assigned by |
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| 15 | 15 | | Section 92.351. |
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| 16 | 16 | | (b) A landlord who uses an applicant's current income as a |
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| 17 | 17 | | criterion in the determination of whether to approve an application |
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| 18 | 18 | | for occupancy shall: |
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| 19 | 19 | | (1) include on a rental application a space labeled |
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| 20 | 20 | | "EDUCATION-RELATED INCOME" for an applicant to provide information |
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| 21 | 21 | | about the applicant's education-related income, including grants, |
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| 22 | 22 | | scholarships, and federal student loans; and |
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| 23 | 23 | | (2) consider in the calculation of current income any |
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| 24 | 24 | | education-related income of the applicant provided on the rental |
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| 25 | 25 | | application form. |
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| 26 | 26 | | (c) A landlord who violates this section is liable for an |
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| 27 | 27 | | amount equal to the sum of $100, three times the amount of any |
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| 28 | 28 | | application fee or deposit, and the applicant's reasonable |
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| 29 | 29 | | attorney's fees. |
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| 30 | 30 | | SECTION 2. Section 92.3515(a), Property Code, is amended to |
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| 31 | 31 | | read as follows: |
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| 32 | 32 | | (a) At the time an applicant is provided with a rental |
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| 33 | 33 | | application, the landlord shall make available to the applicant |
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| 34 | 34 | | printed notice of the landlord's tenant selection criteria and the |
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| 35 | 35 | | grounds for which the rental application may be denied, including |
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| 36 | 36 | | the applicant's: |
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| 37 | 37 | | (1) criminal history; |
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| 38 | 38 | | (2) previous rental history; |
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| 39 | 39 | | (3) current income, including education-related |
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| 40 | 40 | | income described by Section 92.027; |
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| 41 | 41 | | (4) credit history; or |
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| 42 | 42 | | (5) failure to provide accurate or complete |
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| 43 | 43 | | information on the application form. |
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| 44 | 44 | | SECTION 3. The changes in law made by this Act apply only to |
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| 45 | 45 | | a rental application provided by a landlord to an applicant on or |
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| 46 | 46 | | after the effective date of this Act. A rental application |
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| 47 | 47 | | provided by a landlord to an applicant before the effective date of |
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| 48 | 48 | | this Act is governed by the law in effect immediately before the |
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| 49 | 49 | | effective date of this Act, and the former law is continued in |
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| 50 | 50 | | effect for that purpose. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2023. |
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