Bill Text: TX HB649 | 2023-2024 | 88th Legislature | Comm Sub


Bill Title: Relating to consideration of education-related income in determining eligibility of applicants for residential tenancies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-05-11 - Postponed 6/1/23 10:00 AM [HB649 Detail]

Download: Texas-2023-HB649-Comm_Sub.html
  88R1257 DRS-D
 
  By: Hinojosa H.B. No. 649
 
 
 
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, 2023.
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