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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring notice of certain rental eligibility |
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requirements in residential rental application transactions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 92, Property Code, is |
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amended by adding Section 92.3515 to read as follows: |
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Sec. 92.3515. NOTICE OF ELIGIBILITY REQUIREMENTS. (a) At |
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the time an applicant is provided with a rental application, the |
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landlord shall provide to the applicant printed notice of the |
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landlord's tenant selection criteria and the grounds for which the |
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rental application may be denied, including the applicant's: |
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(1) criminal history; |
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(2) previous rental history; |
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(3) current income; |
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(4) credit history; or |
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(5) failure to provide accurate or complete |
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information on the application form. |
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(b) If the landlord provides the notice under Subsection |
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(a), the applicant shall sign an acknowledgment indicating the |
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notice was provided. If the acknowledgment is not signed, there is |
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a rebuttable presumption that the notice was not received by the |
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applicant. |
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(c) The acknowledgment required by Subsection (b) must |
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include a statement substantively equivalent to the following: |
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"Signing this acknowledgment indicates that you have had the |
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opportunity to review the landlord's tenant selection criteria. |
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The tenant selection criteria may include factors such as criminal |
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history, credit history, current income, and rental history. If |
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you do not meet the selection criteria, or if you provide inaccurate |
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or incomplete information, your application may be rejected and |
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your application fee will not be refunded." |
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(d) The acknowledgment may be part of the rental application |
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if the notice is underlined or in bold print. |
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(e) If the landlord rejects an applicant and the landlord |
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has not provided the notice required by Subsection (a), the |
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landlord shall return the application fee and any application |
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deposit. |
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(f) If an applicant requests a landlord to mail a refund of |
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the applicant's application fee to the applicant, the landlord |
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shall mail the refund check to the applicant at the address |
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furnished by the applicant. |
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SECTION 2. This Act applies only to a rental application |
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received by an applicant on or after the effective date of this Act. |
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A rental application received by an applicant before the effective |
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date of this Act is covered by the law in effect at the time the |
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rental application was received, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |