89R2626 JG-D
By: Rosenthal H.B. No. 438
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting an increase in the rent of a tenant residing
in a development supported with a low income housing tax credit
allocation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2306.6738(a), Government Code, is
amended to read as follows:
(a) Notwithstanding any other law, a development owner of a
development supported with a housing tax credit allocation may not:
(1) lock out or threaten to lock out any person
residing in the development except by judicial process unless the
exclusion results from:
(A) a necessity to perform bona fide repairs or
construction work; or
(B) an emergency; [or]
(2) seize or threaten to seize the personal property
of any person residing in the development except by judicial
process unless the resident has abandoned the premises; or
(3) except as provided under the terms of a voucher
program under Section 8, United States Housing Act of 1937 (42
U.S.C. Section 1437f), or a similar rental subsidy program,
increase the rent paid by a person residing in the development
during the duration of the person's lease agreement.
SECTION 2. Section 2306.6738, Government Code, as amended
by this Act, applies only to a lease agreement entered into or
renewed on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.