87R8267 MWC-F
By: Eckhardt S.B. No. 1288
A BILL TO BE ENTITLED
AN ACT
relating to criminal history screening of applicants for
residential tenancies; imposing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.351, Property Code, is amended by
adding Subdivision (3-a) to read as follows:
(3-a) "Conviction" means a verdict or plea of guilty
or nolo contendere. The term does not include deferred
adjudication or community supervision.
SECTION 2. 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 3. 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 or 92.356 is
liable for an amount equal to the sum of $500 and the applicant's
reasonable attorney's fees.
SECTION 4. Subchapter I, Chapter 92, Property Code, is
amended by adding Section 92.356 to read as follows:
Sec. 92.356. CRIMINAL RECORD SCREENING. (a) In
determining an applicant's eligibility for tenancy, a landlord may
not inquire about, require an applicant to disclose, or consider
any criminal history of the applicant that did not result in a
conviction.
(b) A landlord may not have a policy to ban renting or
leasing to tenants with a criminal conviction history. The
landlord's determination to deny a tenancy because of criminal
history must be based on a nondiscriminatory interest that is
reasonable after an individualized assessment and consideration
of:
(1) the nature and severity of the criminal offense;
(2) the age of the applicant at the time of the
occurrence of the criminal offense;
(3) the time that has elapsed since the occurrence of
the criminal offense;
(4) any information produced by the applicant, or
produced on the applicant's behalf, in regard to the applicant's
rehabilitation and good conduct since the occurrence of the
criminal offense;
(5) the degree to which the criminal offense, if it
reoccurred, would negatively impact the safety of the landlord's
other tenants or property; and
(6) whether the criminal offense occurred on or was
connected to property that was rented or leased by the applicant.
(c) Not later than the 20th day after the date a landlord
denies the applicant, the applicant may request that the landlord
provide the applicant a copy of all information on which the
landlord relied in considering the applicant, including criminal
records. A landlord shall provide the information, at the
applicant's expense of not more than five cents per page, not later
than the 30th day after the date the request is received.
SECTION 5. 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 6. This Act takes effect September 1, 2021.