HB4151 - Relating to fair housing practices in the State of Texas, including the consideration of criminal history in rental decisions.

      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.