By: Hinojosa H.B. No. 1214
A BILL TO BE ENTITLED
AN ACT
relating to consideration of education-related income in
determining eligibility of applicants for residential tenancies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.027 to read as follows:
Sec. 92.027. CONSIDERATION OF APPLICANT'S
EDUCATION-RELATED INCOME. (a) In this section, "applicant,"
"landlord," and "rental application" have the meanings assigned by
Section 92.351.
(b) A landlord who uses an applicant's current income as a
criterion in the determination of whether to approve an application
for occupancy shall:
(1) include on a rental application a space labeled
"EDUCATION-RELATED INCOME" for an applicant to provide information
about the applicant's education-related income, including grants,
scholarships, and federal student loans; and
(2) consider in the calculation of current income any
education-related income of the applicant provided on the rental
application form.
(c) A landlord who violates this section is liable for an
amount equal to the sum of $100, three times the amount of any
application fee or deposit, and the applicant's reasonable
attorney's fees.
SECTION 2. Section 92.3515(a), Property Code, is amended to
read as follows:
(a) At the time an applicant is provided with a rental
application, the landlord shall make available to the applicant
printed notice of the landlord's tenant selection criteria and the
grounds for which the rental application may be denied, including
the applicant's:
(1) criminal history;
(2) previous rental history;
(3) current income, including education-related
income described by Section 92.027;
(4) credit history; or
(5) failure to provide accurate or complete
information on the application form.
SECTION 3. The changes in law made by this Act apply only to
a rental application provided by a landlord to an applicant on or
after the effective date of this Act. A rental application provided
by a landlord to an applicant before the effective date of this Act
is governed by the law in effect immediately before the effective
date of this Act, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2025.