HB3198 - Relating to screening by a landlord of applicants for residential tenancies.

  89R4402 SCR-F     By: Jones of Harris H.B. No. 3198       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.