89R5684 SCR-D     By: Simmons H.B. No. 2905       A BILL TO BE ENTITLED   AN ACT   relating to rental application fees; providing an administrative   penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter I, Chapter 92, Property Code, is   amended by adding Section 92.356 to read as follows:          Sec. 92.356.  APARTMENT COMPLEX APPLICATION FEES. (a)  In   this section:                (1)  "Apartment complex" means five or more dwellings   in one or more buildings that are owned by the same owner, located   on the same lot or tract, and managed by the same owner, agent, or   management company.                (2)  "Commission" means the Texas Workforce   Commission.          (b)  A landlord of an apartment complex or the landlord's   manager or agent may not charge an application fee to an applicant   in an amount greater than the reasonable costs of processing the   applicant's rental application and screening the applicant's   eligibility according to the landlord's tenant selection criteria   made available under Section 92.3515.          (c)  A landlord of an apartment complex or the landlord's   manager or agent that charges an application fee shall:                (1)  file with the commission a detailed disclosure of   the fee, including the costs of processing the rental application,   screening an applicant, and any other costs; and                 (2)  at the time an applicant is provided with a rental   application and before accepting an application fee, provide to the   applicant the detailed disclosure of the fee described by   Subdivision (1).          (d)  If the commission finds that a landlord of an apartment   complex or the landlord's manager or agent has violated this   section, the commission may assess an administrative penalty of:                (1)  $1,000 for a first violation; and                (2)  $2,000 for a second or subsequent violation.          SECTION 2.  The changes in law made by this Act apply only to   an application fee charged on or after the effective date of this   Act.          SECTION 3.  This Act takes effect September 1, 2025.