89R4402 SCR-F
By: Eckhardt S.B. No. 340
A BILL TO BE ENTITLED
AN ACT
relating to screening by a landlord of applicants for residential
tenancies.
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:
(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 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 rental application submitted on or after the effective date of
this Act. A 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.