| 1 | 1 | | 87R8267 MWC-F |
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| 2 | 2 | | By: Eckhardt S.B. No. 1288 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to criminal history screening of applicants for |
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| 8 | 8 | | residential tenancies; imposing civil penalties. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 92.351, Property Code, is amended by |
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| 11 | 11 | | adding Subdivision (3-a) to read as follows: |
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| 12 | 12 | | (3-a) "Conviction" means a verdict or plea of guilty |
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| 13 | 13 | | or nolo contendere. The term does not include deferred |
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| 14 | 14 | | adjudication or community supervision. |
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| 15 | 15 | | SECTION 2. Section 92.3515, Property Code, is amended by |
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| 16 | 16 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 17 | 17 | | follows: |
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| 18 | 18 | | (a) At the time an applicant is provided with a rental |
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| 19 | 19 | | application and before accepting an application fee, the landlord |
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| 20 | 20 | | shall make available to the applicant printed notice of the |
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| 21 | 21 | | landlord's tenant selection criteria and the grounds for which the |
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| 22 | 22 | | rental application may be denied, including the applicant's: |
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| 23 | 23 | | (1) criminal history; |
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| 24 | 24 | | (2) previous rental history; |
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| 25 | 25 | | (3) current income; |
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| 26 | 26 | | (4) credit history; or |
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| 27 | 27 | | (5) failure to provide accurate or complete |
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| 28 | 28 | | information on the application form. |
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| 29 | 29 | | (a-1) The printed notice must state in writing that the |
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| 30 | 30 | | applicant may provide evidence showing: |
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| 31 | 31 | | (1) the inaccuracies in the applicant's criminal |
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| 32 | 32 | | history; |
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| 33 | 33 | | (2) the applicant's rehabilitation; or |
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| 34 | 34 | | (3) other mitigating factors. |
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| 35 | 35 | | SECTION 3. Section 92.354, Property Code, is amended to |
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| 36 | 36 | | read as follows: |
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| 37 | 37 | | Sec. 92.354. LIABILITY OF LANDLORD. (a) A landlord who in |
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| 38 | 38 | | bad faith fails to refund an application fee or deposit in violation |
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| 39 | 39 | | of this subchapter is liable for an amount equal to the sum of $100, |
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| 40 | 40 | | three times the amount wrongfully retained, and the applicant's |
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| 41 | 41 | | reasonable attorney's fees. |
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| 42 | 42 | | (b) A landlord who violates Section 92.3515 or 92.356 is |
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| 43 | 43 | | liable for an amount equal to the sum of $500 and the applicant's |
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| 44 | 44 | | reasonable attorney's fees. |
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| 45 | 45 | | SECTION 4. Subchapter I, Chapter 92, Property Code, is |
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| 46 | 46 | | amended by adding Section 92.356 to read as follows: |
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| 47 | 47 | | Sec. 92.356. CRIMINAL RECORD SCREENING. (a) In |
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| 48 | 48 | | determining an applicant's eligibility for tenancy, a landlord may |
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| 49 | 49 | | not inquire about, require an applicant to disclose, or consider |
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| 50 | 50 | | any criminal history of the applicant that did not result in a |
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| 51 | 51 | | conviction. |
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| 52 | 52 | | (b) A landlord may not have a policy to ban renting or |
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| 53 | 53 | | leasing to tenants with a criminal conviction history. The |
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| 54 | 54 | | landlord's determination to deny a tenancy because of criminal |
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| 55 | 55 | | history must be based on a nondiscriminatory interest that is |
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| 56 | 56 | | reasonable after an individualized assessment and consideration |
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| 57 | 57 | | of: |
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| 58 | 58 | | (1) the nature and severity of the criminal offense; |
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| 59 | 59 | | (2) the age of the applicant at the time of the |
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| 60 | 60 | | occurrence of the criminal offense; |
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| 61 | 61 | | (3) the time that has elapsed since the occurrence of |
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| 62 | 62 | | the criminal offense; |
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| 63 | 63 | | (4) any information produced by the applicant, or |
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| 64 | 64 | | produced on the applicant's behalf, in regard to the applicant's |
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| 65 | 65 | | rehabilitation and good conduct since the occurrence of the |
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| 66 | 66 | | criminal offense; |
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| 67 | 67 | | (5) the degree to which the criminal offense, if it |
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| 68 | 68 | | reoccurred, would negatively impact the safety of the landlord's |
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| 69 | 69 | | other tenants or property; and |
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| 70 | 70 | | (6) whether the criminal offense occurred on or was |
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| 71 | 71 | | connected to property that was rented or leased by the applicant. |
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| 72 | 72 | | (c) Not later than the 20th day after the date a landlord |
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| 73 | 73 | | denies the applicant, the applicant may request that the landlord |
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| 74 | 74 | | provide the applicant a copy of all information on which the |
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| 75 | 75 | | landlord relied in considering the applicant, including criminal |
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| 76 | 76 | | records. A landlord shall provide the information, at the |
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| 77 | 77 | | applicant's expense of not more than five cents per page, not later |
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| 78 | 78 | | than the 30th day after the date the request is received. |
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| 79 | 79 | | SECTION 5. The changes in law made by this Act apply only to |
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| 80 | 80 | | a lease or rental application submitted on or after the effective |
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| 81 | 81 | | date of this Act. A lease or rental application submitted before |
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| 82 | 82 | | the effective date of this Act is governed by the law in effect |
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| 83 | 83 | | immediately before the effective date of this Act, and the former |
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| 84 | 84 | | law is continued in effect for that purpose. |
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| 85 | 85 | | SECTION 6. This Act takes effect September 1, 2021. |
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