BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1398

81R7465 NC-F                                                                                                        By: West, Royce

                                                                                                               Intergovernmental Relations

                                                                                                                                            3/23/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Some municipalities in Texas are requiring prospective renters of dwelling units to obtain an additional license or permit issued by the municipality prior to renting or leasing housing units.  This practice places an additional financial burden on prospective renters, especially those with low incomes, and places an additional regulatory burden on landlords.

 

As proposed,  S.B. 1398 prohibits municipalities from requiring individuals to obtain a specific license or permit issued by the municipality in order to rent a single-family residence, apartment, or other dwelling unit.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter Z, Chapter 214, Local Government Code, by adding Section 214.907, as follows:

 

Sec. 214.907.  PROHIBITION OF MUNICIPAL REQUIREMENTS OF LICENSE OR PERMIT TO OCCUPY RESIDENCE.  Prohibits a municipality from requiring an individual to acquire a license or permit issued by the municipality as a condition for occupying or leasing a single-family residence, apartment, or other dwelling.

 

SECTION 2.  Effective date: upon passage or September 1, 2009.