Bill Text: TX HB950 | 2027-2028 | 90th Legislature Regular Session | Introduced
Bill Title: Relating to the use of certain algorithmic devices in the determination of residential rental prices.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-11-09 - Filed [HB950 Detail]
Download: Texas-2027-HB950-Introduced.html
| By: Lopez-Resendez | H.B. No. 950 | |
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| relating to the use of certain algorithmic devices in the | ||
| determination of residential rental prices. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is | ||
| amended by adding Chapter 121 to read as follows: | ||
| CHAPTER 121. ALGORITHMIC DEVICES USED TO DETERMINE RENT | ||
| Sec. 121.001. DEFINITIONS. In this chapter: | ||
| (1) "Algorithmic device" means a device that uses one | ||
| or more algorithms to perform calculations of data. The term | ||
| includes a product that incorporates an algorithmic device. The | ||
| term does not include: | ||
| (A) a report published periodically and not more | ||
| frequently than monthly by a trade association that receives and | ||
| publishes data in an aggregated and anonymous manner; or | ||
| (B) a product used for the purpose of | ||
| establishing rent or income limits in accordance with the | ||
| affordable housing program guidelines of a political subdivision, | ||
| this state, or the federal government. | ||
| (2) "Nonpublic competitor data" means information | ||
| that: | ||
| (A) is not widely available or easily accessible | ||
| to the public, including information about actual rent prices, | ||
| occupancy rates, and lease start and end dates, regardless of | ||
| whether the data is attributable to a specific competitor or | ||
| anonymized; and | ||
| (B) is derived from or otherwise provided to a | ||
| person by another person that competes in the same or a related | ||
| market. | ||
| Sec. 121.002. APPLICABILITY. (a) This chapter does not | ||
| apply to an algorithmic device that uses, incorporates, or was | ||
| trained with nonpublic competitor data if the data includes | ||
| nonpublic executed lease data that is also made available to the | ||
| public in an aggregated and anonymous manner at no more than a | ||
| reasonable charge. | ||
| (b) For purposes of this section, data made available to the | ||
| public in an aggregated and anonymous manner includes nonpublic | ||
| executed lease data tailored for the benefit of and usefulness to | ||
| consumers and presented as a range of average rent prices for | ||
| properties in a geographic area defined by its zip code, | ||
| neighborhood, geographical radius, or other type of apartment | ||
| industry submarket. | ||
| Sec. 121.003. CERTAIN ACTIONS RELATING TO ALGORITHMIC | ||
| DEVICES USED IN DETERMINING RESIDENTIAL RENT PROHIBITED. (a) The | ||
| sale of algorithmic device services or products for the purpose of | ||
| setting or recommending the amount of rent to be charged to a tenant | ||
| for residential premises is prohibited. | ||
| (b) A person engaged in the business of providing | ||
| algorithmic device services or products for the purpose of advising | ||
| a landlord of the amount of rent that the landlord may consider | ||
| charging a tenant for residential premises may not use nonpublic | ||
| competitor data pertaining to residential properties in this state | ||
| in algorithmic calculations. | ||
| Sec. 121.004. DECEPTIVE TRADE PRACTICE. A violation of | ||
| Section 121.003 is a deceptive trade practice actionable under | ||
| Subchapter E, Chapter 17. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
