Monitoring the Session

SB 340

Landlords Owe $500 For Taking The Fee Before Showing The Rules

Died in committee

Verdict: No flags

No flagsInitial review
Sen. Sarah EckhardtDSenate 14

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to screening by a landlord of applicants for residential tenancies.

Caption from analyzed text · version I.

Summary

Printed criteria first, plus a note that applicants may offer evidence of errors.

The bill requires landlords to give rental applicants printed tenant selection criteria before taking an application fee, and the notice must tell applicants they may offer evidence of errors in their criminal history, rehabilitation, or other mitigating factors. It touches every residential landlord in Texas who takes rental applications, and the applicants who apply. A landlord who breaks the notice rule owes the applicant $500 plus reasonable attorney's fees, starting with applications submitted on or after September 1, 2025.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R SB 198 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 198 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 13, 2024 and referred to the Senate Business & Commerce committee. No public hearing. The bill died.

Receipt

The receipt

89R-SB340 · 2024-11-13

SOLD BY

ITEM

relating to screening by a landlord of applicants for residential tenancies.

WHAT IT DOES

Printed criteria first, plus a note that applicants may offer evidence of errors.

The bill requires landlords to give rental applicants printed tenant selection criteria before taking an application fee, and the notice must tell applicants they may offer evidence of errors in their criminal history, rehabilitation, or other mitigating factors. It touches every residential landlord in Texas who takes rental applications, and the applicants who apply. A landlord who breaks the notice rule owes the applicant $500 plus reasonable attorney's fees, starting with applications submitted on or after September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Business & Commerce
FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“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.”

Bill text, introduced version (I)

The bill creates a new private right to sue landlords for a fixed $500 plus attorney's fees over a notice violation.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Donors

Donald Henley$117,500Dale Linebarger$38,769Stephen McNally$24,000

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 1, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Donald Henley$117,500.00
Dale Linebarger$38,769.25
Stephen McNally$24,000.00
Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R SB 198

by Sen. Eckhardt, same lead author · Died in committee · same text

Introduced text

Last action, Feb 15, 2023: Referred to Business & Commerce

Relating to criminal history screening of applicants for residential tenancies.

Caption, 88R bill history

Sources

Texas Senate · Filed Nov 13, 2024

02/03/2025 S Referred to Business & Commerce

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.

Senate committee · Business & Commerce · Final status: Died in committee

Companion

HB 3198 by Jones, Jolanda (identical)

Subjects

Corrections--Parole, Probation & Pardons

Property Interests--Landlord & Tenant

ATTORNEY'S FEES

Text

The text as introduced · 319 words

89R4402 SCR-F

By: Eckhardt
S.B. No. 340

A BILL TO BE ENTITLED

AN ACT

relating to screening by a landlord 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 rental application submitted on or after the effective date of

this Act. A 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.