89R5684 SCR-D
By: Simmons H.B. No. 2905
A BILL TO BE ENTITLED
AN ACT
relating to rental application fees; providing an administrative
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 92, Property Code, is
amended by adding Section 92.356 to read as follows:
Sec. 92.356. APARTMENT COMPLEX APPLICATION FEES. (a) In
this section:
(1) "Apartment complex" means five or more dwellings
in one or more buildings that are owned by the same owner, located
on the same lot or tract, and managed by the same owner, agent, or
management company.
(2) "Commission" means the Texas Workforce
Commission.
(b) A landlord of an apartment complex or the landlord's
manager or agent may not charge an application fee to an applicant
in an amount greater than the reasonable costs of processing the
applicant's rental application and screening the applicant's
eligibility according to the landlord's tenant selection criteria
made available under Section 92.3515.
(c) A landlord of an apartment complex or the landlord's
manager or agent that charges an application fee shall:
(1) file with the commission a detailed disclosure of
the fee, including the costs of processing the rental application,
screening an applicant, and any other costs; and
(2) at the time an applicant is provided with a rental
application and before accepting an application fee, provide to the
applicant the detailed disclosure of the fee described by
Subdivision (1).
(d) If the commission finds that a landlord of an apartment
complex or the landlord's manager or agent has violated this
section, the commission may assess an administrative penalty of:
(1) $1,000 for a first violation; and
(2) $2,000 for a second or subsequent violation.
SECTION 2. The changes in law made by this Act apply only to
an application fee charged on or after the effective date of this
Act.
SECTION 3. This Act takes effect September 1, 2025.