H.B. No. 2491 introduces new regulations regarding the use of algorithmic devices in determining residential rental prices in Texas. The bill adds Chapter 121 to Subtitle C, Title 5 of the Business & Commerce Code, defining key terms such as "algorithmic device" and "nonpublic competitor data." It specifies that algorithmic devices that utilize nonpublic competitor data are exempt from regulation if the data is made publicly available in an aggregated and anonymous manner. The bill also outlines that the sale of algorithmic device services or products for setting or recommending rental prices is prohibited, and any advice given to landlords regarding rental amounts must not involve nonpublic competitor data.

Additionally, the bill establishes that violations of these provisions are considered deceptive trade practices, which can be actionable under existing trade laws. The legislation is set to take effect on September 1, 2025, aiming to enhance transparency and fairness in the residential rental market by regulating the use of algorithmic pricing tools.

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