Bill Text: TX SB198 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to criminal history screening of applicants for residential tenancies.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-03-20 - Co-author authorized [SB198 Detail]
Download: Texas-2023-SB198-Introduced.html
| 88R869 BEE-F | ||
| By: Eckhardt | S.B. No. 198 | |
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| relating to criminal history screening of applicants for | ||
| residential tenancies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 92.3515, Property Code, is amended by | ||
| amending Subsection (a) and adding Subsection (a-1) to read as | ||
| follows: | ||
| (a) At the time an applicant is provided with a rental | ||
| application and before accepting an application fee, the landlord | ||
| shall make available to the applicant printed notice of the | ||
| landlord's tenant selection criteria and the grounds for which the | ||
| rental application may be denied, including the applicant's: | ||
| (1) criminal history; | ||
| (2) previous rental history; | ||
| (3) current income; | ||
| (4) credit history; or | ||
| (5) failure to provide accurate or complete | ||
| information on the application form. | ||
| (a-1) The printed notice must state in writing that the | ||
| applicant may provide evidence showing: | ||
| (1) the inaccuracies in the applicant's criminal | ||
| history; | ||
| (2) the applicant's rehabilitation; or | ||
| (3) other mitigating factors. | ||
| SECTION 2. Section 92.354, Property Code, is amended to | ||
| read as follows: | ||
| Sec. 92.354. LIABILITY OF LANDLORD. (a) A landlord who in | ||
| bad faith fails to refund an application fee or deposit in violation | ||
| of this subchapter is liable for an amount equal to the sum of $100, | ||
| three times the amount wrongfully retained, and the applicant's | ||
| reasonable attorney's fees. | ||
| (b) A landlord who violates Section 92.3515 is liable for an | ||
| amount equal to the sum of $500 and the applicant's reasonable | ||
| attorney's fees. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| a lease or rental application submitted on or after the effective | ||
| date of this Act. A lease or rental application submitted before | ||
| the effective date of this Act is governed by the law in effect | ||
| immediately before the effective date of this Act, and the former | ||
| law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
