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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal history screening of applicants for |
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residential tenancies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.3515, Property Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) At the time an applicant is provided with a rental |
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application and before accepting an application fee, the landlord |
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shall make available to the applicant printed notice of the |
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landlord's tenant selection criteria and the grounds for which the |
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rental application may be denied, including the applicant's: |
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(1) criminal history; |
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(2) previous rental history; |
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(3) current income; |
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(4) credit history; or |
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(5) failure to provide accurate or complete |
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information on the application form. |
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(a-1) The printed notice must state in writing that the |
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applicant may provide evidence showing: |
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(1) the inaccuracies in the applicant's criminal |
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history; |
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(2) the applicant's rehabilitation; or |
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(3) other mitigating factors. |
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SECTION 2. Section 92.354, Property Code, is amended to |
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read as follows: |
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Sec. 92.354. LIABILITY OF LANDLORD. (a) A landlord who in |
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bad faith fails to refund an application fee or deposit in violation |
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of this subchapter is liable for an amount equal to the sum of $100, |
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three times the amount wrongfully retained, and the applicant's |
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reasonable attorney's fees. |
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(b) A landlord who violates Section 92.3515 is liable for an |
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amount equal to the sum of $500 and the applicant's reasonable |
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attorney's fees. |
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SECTION 3. The changes in law made by this Act apply only to |
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a lease or rental application submitted on or after the effective |
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date of this Act. A lease or rental application submitted before |
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the effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |