BILL ANALYSIS

C.S.H.B. 1193

By: Turner

Business & Industry

Committee Report (Substituted)

BACKGROUND AND PURPOSE

In June 2022, a property owners' association in Denton County passed a rule prohibiting tenants who participate in the federal Section 8 housing choice voucher program from renting homes that are governed by the association. According to the Texas Tribune, this rule mostly affected residents who were Black and female. C.S.H.B. 1193 seeks to protect residential tenants from housing discrimination by prohibiting a property owners' association from prohibiting or restricting a property owner from renting to a person based on their method of payment.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1193 amends the Property Code to prohibit a property owners' association from including or enforcing a provision in a dedicatory instrument that prohibits or restricts a property owner from renting a dwelling to a person based on the person's method of payment, including payments made in whole or part by a federal Section 8 housing choice voucher or any other federal, state, or local housing assistance provided to a person or to a property owner on behalf of a person, such as rental vouchers, rental assistance, or rental subsidies from a nongovernmental organization.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1193 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute omits a provision from the introduced prohibiting a property owners' association from including or enforcing a provision in a dedicatory instrument that has the effect of prohibiting or restricting a property owner from renting a dwelling to a person based on the person's method of payment.