Reynolds Rental Bill Limits What Criminal History Landlords Can Weigh

The text as introduced · 477 words

By: Reynolds
H.B. No. 4151

A BILL TO BE ENTITLED

AN ACT

relating to fair housing practices in the State of Texas, including

the consideration of criminal history in rental decisions.

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:

For the purposes of this section a landlord or a management

company is: the owner of a real property or management company that

has non-owner occupied rental units and the units are under their

control that are currently rented by active tenants.

(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 a printed notice or on the

leasing website 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 Landlord must allow the applicant to provide evidence showing:

(1) the inaccuracies in the applicant's criminal

history, previous rental history, current income, credit history;

(2) the applicant's rehabilitation; or

(3) other mitigating factors.

(B) Criminal history: A landlord may only consider

the criminal history of an applicant in which the applicants

criminal history:

(a) Resulted in a conviction of a crime related

to Section 22.011.of the Texas Penal code

(b) Resulted in a conviction of a crime related

to Section Sec. 22.012.of the Texas Penal Code.

(c) Resulted in a conviction of a crime related

Section 22.021 of the Texas Penal Code.

(C) SUBSECTION (B) Does not apply where a federal law

mandates the denial of housing based on certain types of criminal

history.

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, 2025.