Texas House Bill HB2905

Texas 2025 - 89th Regular

• Filed: 2/18/25

Caption

Relating to rental application fees; providing an administrative penalty.

Impact

If enacted, HB2905 will significantly impact the landlord-tenant relationship by enforcing transparency regarding application fees. Landlords will be required to provide a detailed disclosure of the application fee to applicants before the fee is collected. This provision aims to ensure that prospective tenants are fully aware of all costs associated with their application process, enhancing consumer protection within the rental market.

Summary

House Bill 2905 seeks to regulate the fees landlords can charge for rental applications in Texas. The bill stipulates that landlords of apartment complexes, defined as those with five or more dwellings managed under a single ownership or management structure, may only charge application fees that reflect the actual costs incurred for processing the rental application and screening applicants. This aims to protect potential tenants from excessive charges that could deter them from applying for rental properties.

Contention

The bill also introduces an administrative penalty system for landlords who violate these regulations. The Texas Workforce Commission is designated as the enforcing agency, with penalties set at $1,000 for first violations and $2,000 for subsequent violations. This aspect of the bill could spark debate regarding the balance between regulatory oversight and the operational freedoms of landlords, potentially leading to discussions on its impacts on the rental market and housing availability.

Texas Constitutional Statutes Affected

Property Code

• Chapter 92. Residential Tenancies
  • Section: New Section