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.