Bill Text: TX HB1518 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the issuance by the Texas Department of Housing and Community Affairs of verified residential rental applications.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-12-04 - Filed [HB1518 Detail]
Download: Texas-2025-HB1518-Introduced.html
89R1685 PRL-D | ||
By: Bell of Montgomery | H.B. No. 1518 |
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relating to the issuance by the Texas Department of Housing and | ||
Community Affairs of verified residential rental applications. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Ready to Rent | ||
Texas Act. | ||
SECTION 2. Chapter 92, Property Code, is amended by adding | ||
Subchapter J to read as follows: | ||
SUBCHAPTER J. VERIFIED RESIDENTIAL RENTAL APPLICATION | ||
Sec. 92.361. DEFINITIONS. In this subchapter: | ||
(1) "Applicant" means a person who makes an | ||
application to a landlord for rental of a dwelling. | ||
(2) "Department" means the Texas Department of Housing | ||
and Community Affairs. | ||
(3) "Landlord" means a prospective landlord to whom a | ||
person makes an application for rental of a dwelling. | ||
(4) "Portal" means the verified residential rental | ||
application Internet portal established and maintained by the | ||
department. | ||
(5) "Verified application" means the verified | ||
residential rental application issued by the department through the | ||
portal. | ||
Sec. 92.362. APPLICATION OF SUBCHAPTER. This subchapter | ||
applies to all applicants for and landlords of residential rental | ||
property in this state. | ||
Sec. 92.363. CONSTRUCTION OF SUBCHAPTER. Nothing in this | ||
subchapter may be construed to prohibit a landlord from rejecting | ||
an applicant if the applicant does not meet the landlord's tenant | ||
selection criteria, including the applicant's: | ||
(1) criminal history; | ||
(2) previous rental history; | ||
(3) current income; | ||
(4) credit history; or | ||
(5) guarantor information, as applicable. | ||
Sec. 92.364. APPLICANT USE OF VERIFIED APPLICATION. An | ||
applicant for rental of a dwelling completely satisfies any | ||
application requirements of a landlord by submitting to the | ||
landlord a verified application issued not earlier than the 90th | ||
day before the date the application is submitted to the landlord. | ||
Sec. 92.365. LANDLORD ACCEPTANCE OF VERIFIED APPLICATION. | ||
A landlord must accept a verified application as completely | ||
satisfying the landlord's application requirements if the | ||
application is issued not earlier than the 90th day before the date | ||
the application is submitted to the landlord by the applicant. | ||
Sec. 92.366. PROHIBITED APPLICATION DOCUMENTS AND FEES. A | ||
landlord may not require an applicant to: | ||
(1) submit a rental application other than a verified | ||
application; or | ||
(2) pay an: | ||
(A) application fee; or | ||
(B) application deposit. | ||
Sec. 92.367. VERIFIED RESIDENTIAL RENTAL APPLICATION | ||
INTERNET PORTAL. (a) In this section: | ||
(1) "Consumer reporting agency" means any person that, | ||
for monetary fees or dues or on a cooperative nonprofit basis, | ||
regularly engages in the practice of assembling or evaluating | ||
credit information or other information on individuals for the | ||
purpose of furnishing consumer reports to third parties. | ||
(2) "Credit report" means a written report of | ||
information by a consumer reporting agency that bears on an | ||
individual's creditworthiness, credit standing, or credit | ||
capacity. | ||
(3) "Criminal history background check" means a | ||
written report of an individual's criminal history record | ||
information, as defined by Section 411.082, Government Code. | ||
(b) The department shall develop and implement a portal | ||
through which an applicant may obtain a verified residential rental | ||
application that the applicant may use to apply for rental of a | ||
dwelling. | ||
(c) The portal implemented under Subsection (b) shall | ||
provide for an applicant to: | ||
(1) submit the applicant's: | ||
(A) previous rental history; | ||
(B) proof of current income; and | ||
(C) guarantor information, if applicable; | ||
(2) request and grant permission for the department to | ||
obtain the applicant's: | ||
(A) criminal history background check; and | ||
(B) credit report; | ||
(3) pay any required fees; and | ||
(4) access and share the applicant's verified | ||
application. | ||
(d) The department may contract with a private vendor for | ||
the development and implementation of the portal required by | ||
Subsection (b). | ||
(e) On submission of a request for a verified application | ||
and payment of required fees under Subsection (f), the department | ||
shall: | ||
(1) obtain the applicant's: | ||
(A) criminal history background check; and | ||
(B) credit report; | ||
(2) verify the applicant's: | ||
(A) criminal history; | ||
(B) previous rental history; | ||
(C) current income; | ||
(D) credit history; and | ||
(E) guarantor information, as applicable; | ||
(3) issue a verified application to the applicant | ||
through the portal; and | ||
(4) enable the applicant to share the verified | ||
application through the portal. | ||
(f) The department may charge a fee for a verified | ||
application in an amount reasonable and necessary to administer | ||
this subchapter. The department may not charge a fee for a criminal | ||
history background check or a credit report that exceeds the actual | ||
cost to the department of obtaining the document. | ||
(g) A verified application issued under this section is | ||
valid for 90 days. | ||
SECTION 3. Section 92.102, Property Code, is amended to | ||
read as follows: | ||
Sec. 92.102. SECURITY DEPOSIT. A security deposit is any | ||
advance of money, other than [ |
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advance payment of rent, that is intended primarily to secure | ||
performance under a lease of a dwelling that has been entered into | ||
by a landlord and a tenant. | ||
SECTION 4. Subchapter I, Chapter 92, Property Code, is | ||
repealed. | ||
SECTION 5. Not later than December 31, 2025, the Department | ||
of Housing and Community Affairs shall make available to the public | ||
the verified residential rental application Internet portal | ||
required by Section 92.367, Property Code, as added by this Act. | ||
SECTION 6. This Act takes effect January 1, 2026. |