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A BILL TO BE ENTITLED
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AN ACT
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relating to consideration of education-related income in |
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determining eligibility of applicants for residential tenancies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.027 to read as follows: |
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Sec. 92.027. CONSIDERATION OF APPLICANT'S |
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EDUCATION-RELATED INCOME. (a) In this section, "applicant," |
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"landlord," and "rental application" have the meanings assigned by |
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Section 92.351. |
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(b) A landlord who uses an applicant's current income as a |
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criterion in the determination of whether to approve an application |
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for occupancy shall: |
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(1) include on a rental application a space labeled |
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"EDUCATION-RELATED INCOME" for an applicant to provide information |
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about the applicant's education-related income, including grants, |
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scholarships, and federal student loans; and |
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(2) consider in the calculation of current income any |
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education-related income of the applicant provided on the rental |
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application form. |
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(c) A landlord who violates this section is liable for an |
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amount equal to the sum of $100, three times the amount of any |
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application fee or deposit, and the applicant's reasonable |
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attorney's fees. |
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SECTION 2. Section 92.3515(a), Property Code, is amended to |
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read as follows: |
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(a) At the time an applicant is provided with a rental |
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application, the landlord shall make available to the applicant |
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printed notice of the landlord's tenant selection criteria and the |
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grounds for which the rental application may be denied, including |
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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, including education-related |
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income described by Section 92.027; |
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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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SECTION 3. The changes in law made by this Act apply only to |
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a rental application provided by a landlord to an applicant on or |
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after the effective date of this Act. A rental application |
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provided by a landlord to an applicant before the effective date of |
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this Act is governed by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |