By Shapiro S.B. No. 1833
75R9457 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting a landlord from discriminating against a
1-3 person based on the person's participation in a housing assistance
1-4 program.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 301, Property Code, is
1-7 amended by adding Section 301.028 to read as follows:
1-8 Sec. 301.028. HOUSING ASSISTANCE. (a) Except as provided
1-9 by Subsection (b) or (c), a landlord may not refuse to lease a
1-10 dwelling and may not discriminate in the terms of the lease or the
1-11 provision of services or facilities under the lease because the
1-12 person receives funds under a housing assistance program, including
1-13 a housing voucher program or a housing certificate program, to pay,
1-14 in whole or in part, for rental payments.
1-15 (b) This section does not require a landlord to lease a
1-16 dwelling to any person:
1-17 (1) whose source of income is illegal;
1-18 (2) whose credit history, excluding an absence of a
1-19 credit history, does not meet the landlord's tenant selection
1-20 criteria;
1-21 (3) whose household includes a person who has a
1-22 criminal history that does not meet the landlord's tenant selection
1-23 criteria; or
1-24 (4) who is unable to demonstrate the ability to pay
2-1 any difference between the rental payment and the amount received
2-2 under the housing assistance program.
2-3 (c) A landlord may refuse to lease a dwelling to a person
2-4 because the person receives funds under a housing assistance
2-5 program to pay, in whole or in part, for rental payments if the
2-6 landlord has leased at least 15 percent of the landlord's dwellings
2-7 to persons who receive funds under a housing assistance program to
2-8 pay, in whole or in part, for rental payments.
2-9 (d) In addition to other standard application fees, a
2-10 landlord may collect a nonrefundable administrative fee of not more
2-11 than $10 from a person who satisfies the landlord's tenant
2-12 selection criteria and who receives funds under a housing
2-13 assistance program to pay, in whole or in part, for rental
2-14 payments.
2-15 SECTION 2. This Act takes effect September 1, 1997.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.