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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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grounds for which the rental application may be denied, including: |
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(1) a conviction for a criminal offense; |
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(2) the applicant's previous rental history; or |
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(3) an error made in completing the application form. |
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(b) The applicant shall sign the notice, indicating the |
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notice was provided as required by this section. If the notice is |
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not signed, there is a rebuttable presumption that the notice was |
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not received by the applicant. |
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(c) If a landlord does not provide the notice required by |
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this section, the landlord shall return any fee collected in |
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connection with the applicant's application, including a deposit, |
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not later than the 10th day after the date the applicant requests |
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the landlord to return the fee or the landlord rejects the |
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application, whichever is sooner. |
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(d) 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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(e) If the date of the required refund of an application fee |
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is a Saturday, Sunday, or state or federal holiday, the required |
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date is extended to the end of the next day that is not a Saturday, |
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Sunday, or holiday following the date of the required refund. |
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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. |