88R869 BEE-F
 
  By: Eckhardt S.B. No. 198
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal history screening 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 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, 2023.