Texas 2025 - 89th Regular

Texas House Bill HB1518 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1685 PRL-D
2	2	By: Bell of Montgomery H.B. No. 1518
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the issuance by the Texas Department of Housing and
10	10	Community Affairs of verified residential rental applications.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act shall be known as the Ready to Rent
13	13	Texas Act.
14	14	SECTION 2. Chapter 92, Property Code, is amended by adding
15	15	Subchapter J to read as follows:
16	16	SUBCHAPTER J. VERIFIED RESIDENTIAL RENTAL APPLICATION
17	17	Sec. 92.361. DEFINITIONS. In this subchapter:
18	18	(1) "Applicant" means a person who makes an
19	19	application to a landlord for rental of a dwelling.
20	20	(2) "Department" means the Texas Department of Housing
21	21	and Community Affairs.
22	22	(3) "Landlord" means a prospective landlord to whom a
23	23	person makes an application for rental of a dwelling.
24	24	(4) "Portal" means the verified residential rental
25	25	application Internet portal established and maintained by the
26	26	department.
27	27	(5) "Verified application" means the verified
28	28	residential rental application issued by the department through the
29	29	portal.
30	30	Sec. 92.362. APPLICATION OF SUBCHAPTER. This subchapter
31	31	applies to all applicants for and landlords of residential rental
32	32	property in this state.
33	33	Sec. 92.363. CONSTRUCTION OF SUBCHAPTER. Nothing in this
34	34	subchapter may be construed to prohibit a landlord from rejecting
35	35	an applicant if the applicant does not meet the landlord's tenant
36	36	selection criteria, including the applicant's:
37	37	(1) criminal history;
38	38	(2) previous rental history;
39	39	(3) current income;
40	40	(4) credit history; or
41	41	(5) guarantor information, as applicable.
42	42	Sec. 92.364. APPLICANT USE OF VERIFIED APPLICATION. An
43	43	applicant for rental of a dwelling completely satisfies any
44	44	application requirements of a landlord by submitting to the
45	45	landlord a verified application issued not earlier than the 90th
46	46	day before the date the application is submitted to the landlord.
47	47	Sec. 92.365. LANDLORD ACCEPTANCE OF VERIFIED APPLICATION.
48	48	A landlord must accept a verified application as completely
49	49	satisfying the landlord's application requirements if the
50	50	application is issued not earlier than the 90th day before the date
51	51	the application is submitted to the landlord by the applicant.
52	52	Sec. 92.366. PROHIBITED APPLICATION DOCUMENTS AND FEES. A
53	53	landlord may not require an applicant to:
54	54	(1) submit a rental application other than a verified
55	55	application; or
56	56	(2) pay an:
57	57	(A) application fee; or
58	58	(B) application deposit.
59	59	Sec. 92.367. VERIFIED RESIDENTIAL RENTAL APPLICATION
60	60	INTERNET PORTAL. (a) In this section:
61	61	(1) "Consumer reporting agency" means any person that,
62	62	for monetary fees or dues or on a cooperative nonprofit basis,
63	63	regularly engages in the practice of assembling or evaluating
64	64	credit information or other information on individuals for the
65	65	purpose of furnishing consumer reports to third parties.
66	66	(2) "Credit report" means a written report of
67	67	information by a consumer reporting agency that bears on an
68	68	individual's creditworthiness, credit standing, or credit
69	69	capacity.
70	70	(3) "Criminal history background check" means a
71	71	written report of an individual's criminal history record
72	72	information, as defined by Section 411.082, Government Code.
73	73	(b) The department shall develop and implement a portal
74	74	through which an applicant may obtain a verified residential rental
75	75	application that the applicant may use to apply for rental of a
76	76	dwelling.
77	77	(c) The portal implemented under Subsection (b) shall
78	78	provide for an applicant to:
79	79	(1) submit the applicant's:
80	80	(A) previous rental history;
81	81	(B) proof of current income; and
82	82	(C) guarantor information, if applicable;
83	83	(2) request and grant permission for the department to
84	84	obtain the applicant's:
85	85	(A) criminal history background check; and
86	86	(B) credit report;
87	87	(3) pay any required fees; and
88	88	(4) access and share the applicant's verified
89	89	application.
90	90	(d) The department may contract with a private vendor for
91	91	the development and implementation of the portal required by
92	92	Subsection (b).
93	93	(e) On submission of a request for a verified application
94	94	and payment of required fees under Subsection (f), the department
95	95	shall:
96	96	(1) obtain the applicant's:
97	97	(A) criminal history background check; and
98	98	(B) credit report;
99	99	(2) verify the applicant's:
100	100	(A) criminal history;
101	101	(B) previous rental history;
102	102	(C) current income;
103	103	(D) credit history; and
104	104	(E) guarantor information, as applicable;
105	105	(3) issue a verified application to the applicant
106	106	through the portal; and
107	107	(4) enable the applicant to share the verified
108	108	application through the portal.
109	109	(f) The department may charge a fee for a verified
110	110	application in an amount reasonable and necessary to administer
111	111	this subchapter. The department may not charge a fee for a criminal
112	112	history background check or a credit report that exceeds the actual
113	113	cost to the department of obtaining the document.
114	114	(g) A verified application issued under this section is
115	115	valid for 90 days.
116	116	SECTION 3. Section 92.102, Property Code, is amended to
117	117	read as follows:
118	118	Sec. 92.102. SECURITY DEPOSIT. A security deposit is any
119	119	advance of money, other than [a rental application deposit or] an
120	120	advance payment of rent, that is intended primarily to secure
121	121	performance under a lease of a dwelling that has been entered into
122	122	by a landlord and a tenant.
123	123	SECTION 4. Subchapter I, Chapter 92, Property Code, is
124	124	repealed.
125	125	SECTION 5. Not later than December 31, 2025, the Department
126	126	of Housing and Community Affairs shall make available to the public
127	127	the verified residential rental application Internet portal
128	128	required by Section 92.367, Property Code, as added by this Act.
129	129	SECTION 6. This Act takes effect January 1, 2026.