By: Reynolds H.B. No. 4151
A BILL TO BE ENTITLED
AN ACT
relating to fair housing practices in the State of Texas, including
the consideration of criminal history in rental decisions.
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:
For the purposes of this section a landlord or a management
company is: the owner of a real property or management company that
has non-owner occupied rental units and the units are under their
control that are currently rented by active tenants.
(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 a printed notice or on the
leasing website 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 Landlord must allow the applicant to provide evidence showing:
(1) the inaccuracies in the applicant's criminal
history, previous rental history, current income, credit history;
(2) the applicant's rehabilitation; or
(3) other mitigating factors.
(B) Criminal history: A landlord may only consider
the criminal history of an applicant in which the applicants
criminal history:
(a) Resulted in a conviction of a crime related
to Section 22.011.of the Texas Penal code
(b) Resulted in a conviction of a crime related
to Section Sec. 22.012.of the Texas Penal Code.
(c) Resulted in a conviction of a crime related
Section 22.021 of the Texas Penal Code.
(C) SUBSECTION (B) Does not apply where a federal law
mandates the denial of housing based on certain types of criminal
history.
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, 2025.