| 1 | 1 | | 89R4402 SCR-F |
|---|
| 2 | 2 | | By: Eckhardt S.B. No. 340 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to screening by a landlord of applicants for residential |
|---|
| 10 | 10 | | tenancies. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 92.3515, Property Code, is amended by |
|---|
| 13 | 13 | | amending Subsection (a) and adding Subsection (a-1) to read as |
|---|
| 14 | 14 | | follows: |
|---|
| 15 | 15 | | (a) At the time an applicant is provided with a rental |
|---|
| 16 | 16 | | application and before accepting an application fee, the landlord |
|---|
| 17 | 17 | | shall make available to the applicant printed notice of the |
|---|
| 18 | 18 | | landlord's tenant selection criteria and the grounds for which the |
|---|
| 19 | 19 | | rental application may be denied, including the applicant's: |
|---|
| 20 | 20 | | (1) criminal history; |
|---|
| 21 | 21 | | (2) previous rental history; |
|---|
| 22 | 22 | | (3) current income; |
|---|
| 23 | 23 | | (4) credit history; or |
|---|
| 24 | 24 | | (5) failure to provide accurate or complete |
|---|
| 25 | 25 | | information on the application form. |
|---|
| 26 | 26 | | (a-1) The printed notice must state in writing that the |
|---|
| 27 | 27 | | applicant may provide evidence showing: |
|---|
| 28 | 28 | | (1) the inaccuracies in the applicant's criminal |
|---|
| 29 | 29 | | history; |
|---|
| 30 | 30 | | (2) the applicant's rehabilitation; or |
|---|
| 31 | 31 | | (3) other mitigating factors. |
|---|
| 32 | 32 | | SECTION 2. Section 92.354, Property Code, is amended to |
|---|
| 33 | 33 | | read as follows: |
|---|
| 34 | 34 | | Sec. 92.354. LIABILITY OF LANDLORD. (a) A landlord who in |
|---|
| 35 | 35 | | bad faith fails to refund an application fee or deposit in violation |
|---|
| 36 | 36 | | of this subchapter is liable for an amount equal to the sum of $100, |
|---|
| 37 | 37 | | three times the amount wrongfully retained, and the applicant's |
|---|
| 38 | 38 | | reasonable attorney's fees. |
|---|
| 39 | 39 | | (b) A landlord who violates Section 92.3515 is liable for an |
|---|
| 40 | 40 | | amount equal to the sum of $500 and the applicant's reasonable |
|---|
| 41 | 41 | | attorney's fees. |
|---|
| 42 | 42 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 43 | 43 | | a rental application submitted on or after the effective date of |
|---|
| 44 | 44 | | this Act. A rental application submitted before the effective date |
|---|
| 45 | 45 | | of this Act is governed by the law in effect immediately before the |
|---|
| 46 | 46 | | effective date of this Act, and the former law is continued in |
|---|
| 47 | 47 | | effect for that purpose. |
|---|
| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2025. |
|---|