Texas House Bill HB3868

Texas 2017 - 85th Regular

Caption

Relating to the vote to authorize background and criminal history checks on tenant applicants by a property owners' association.

Impact

The introduction of HB 3868 is set to enhance the regulations governing tenant screening processes for property owners' associations across Texas. The bill alters existing laws that dictate the voting procedures necessary for amending dedicatory instruments, thereby simplifying the process wherein associations can require background checks. This change is significant because it empowers associations to implement stricter controls over who is allowed to occupy rental properties, responding to the growing demand among property owners for more comprehensive tenant vetting methods.

Summary

House Bill 3868 seeks to amend the Texas Property Code by allowing property owners' associations to require background and criminal history checks on tenant applicants. This new regulation would enable associations to enforce a provision in their dedicatory instruments that mandates prospective tenants to consent to such checks, contingent upon a majority vote by the property owners. The bill aims to provide property owners’ associations with additional tools to ensure the safety and security of their communities by vetting potential tenants more rigorously than was previously permitted.

Contention

While supporters argue that the bill addresses legitimate concerns regarding tenant safety and community well-being, there are notable apprehensions among opponents. Detractors of HB 3868 highlight the potential for discrimination and privacy violations, fearing that such background checks could lead to unfair treatment of applicants based on past histories rather than current suitability. This tension reflects broader discussions about the balance between community safety and individual rights, making HB 3868 a point of contention as the state evaluates the implications of enforcing stricter tenant screening policies.