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HB 3198

AN ACT relating to screening by a landlord of applicants for residential

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Requires landlords to provide written notice of tenant selection criteria and potential grounds for denial before accepting an application fee, including specifying that applicants may provide evidence challenging criminal history or demonstrating rehabilitation. If landlords fail to comply with these disclosure requirements or wrongfully retain application fees, they can be liable for financial penalties, including $500 and the applicant's reasonable costs. The law applies to rental applications submitted on or after September 1, 2025, giving prospective tenants more transparency and opportunity to explain potential negative factors in their rental application.

Subject Areas

Bill Text

relating to screening by a landlord of applicants for residential
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
(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:
(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
(2)  the applicant's rehabilitation; or
SECTION 2.  Section 92.354, Property Code, is amended to
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
(b)  A landlord who violates Section 92.3515 is liable for an
amount equal to the sum of $500 and the applicant's reasonable
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
SECTION 4.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to screening by a landlord of applicants for residential