Texas 2023 - 88th Regular

Texas Senate Bill SB198

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to criminal history screening of applicants for residential tenancies.

Impact

This bill aims to enhance tenant rights by introducing a more transparent process for criminal history assessments in rental applications. By mandating landlords to inform applicants of the criteria used in evaluating their applications, SB198 intends to provide individuals with the opportunity to rectify or clarify their criminal records. This could potentially open up housing opportunities for those who have experienced rehabilitation or who have misconceptions in their criminal history documentation.

Summary

SB198 seeks to amend the Texas Property Code concerning the criminal history screening of applicants for residential tenancies. The bill would require landlords to provide applicants with printed notice of their tenant selection criteria before accepting any application fees. This notice must include the grounds for potential denial of the application, which can involve factors such as the applicant's criminal history, previous rental history, credit history, and current income. Notably, under the proposed legislation, applicants would be allowed to present evidence regarding inaccuracies in their criminal history, their rehabilitation, or other mitigating factors.

Sentiment

The sentiment surrounding SB198 appears to be generally supportive among tenant advocacy groups, which welcome the increased transparency and accountability enforced upon landlords. These groups argue that such measures are essential in fostering fair housing practices and reducing discrimination against individuals with criminal histories. However, there may also be concerns among landlords about the administrative burden of additional disclosures and the complexities of verifying claims regarding criminal history inaccuracies.

Contention

One notable point of contention involves balancing tenant rights with landlord protections. Critics may argue that while the bill aims to assist individuals with criminal histories, it could unintentionally complicate the landlord-tenant relationship. Concerns include the likelihood of increased disputes over application denials and the potential for landlords to face greater liability if they fail to comply with the new regulations. The debate indicates a broader discussion on how to create equitable housing policies while ensuring that landlords can make informed decisions.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 92. Residential Tenancies
    • Section: 3515
    • Section: 354

Companion Bills

No companion bills found.

Previously Filed As

TX SB1288

Relating to criminal history screening of applicants for residential tenancies; imposing civil penalties.

TX HB3198

Relating to screening by a landlord of applicants for residential tenancies.

TX SB340

Relating to screening by a landlord of applicants for residential tenancies.

TX HB4151

Relating to fair housing practices in the State of Texas, including the consideration of criminal history in rental decisions.

TX SB2734

Relating to consideration of education-related income in determining eligibility of applicants for residential tenancies.

TX HB649

Relating to consideration of education-related income in determining eligibility of applicants for residential tenancies.

TX HB1214

Relating to consideration of education-related income in determining eligibility of applicants for residential tenancies.

TX H1587

Residential Tenancies

TX HB2516

Relating to certain rights and duties of residential tenants and landlords.

TX HB2217

Relating to residential tenancies.

Similar Bills

No similar bills found.