TITLE: Relating to prohibiting the consideration of certain criminal history information of a prospective tenant of a housing development operated by a public housing authority or operated by a recipient of financial assistance administered by the Texas Department of Housing and Community Affairs.

SUMMARY: Relating to prohibiting the consideration of certain criminal history information of a prospective tenant of a housing development operated by a public housing authority or operated by a recipient of financial assistance administered by the Texas Department of Housing and Community Affairs.

FULL TEXT:
AN ACT relating to prohibiting the consideration of certain criminal history information of a prospective tenant of a housing development operated by a public housing authority or operated by a recipient of financial assistance administered by the Texas Department of Housing and Community Affairs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 392.055, Local Government Code, is amended by adding Subsection (c) to read as follows: (c) Except as otherwise provided by this subsection, an authority may not inquire about or consider a prospective tenant's criminal history, including a previous conviction or arrest or a previous grant of deferred adjudication community supervision. An authority may request a prospective tenant to disclose, and may use as grounds for rejection of the prospective tenant's application, the prospective tenant's criminal history with respect to any: (1) conviction for an offense listed in Article 42A.054, Code of Criminal Procedure; or (2) reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure. SECTION 2. Section 2306.111, Government Code, is amended by adding Subsection (j) to read as follows: (j) The department by rule shall adopt policies to ensure that the operator of a housing development that receives financial assistance administered by the department, including financial assistance from the proceeds of bonds issued by the department, does not, except as otherwise provided by this subsection, inquire about or consider a prospective tenant's criminal history, including a previous conviction or arrest or a previous grant of deferred adjudication community supervision. An operator of a housing development described by this subsection may request a prospective tenant to disclose, and may use as grounds for rejection of the prospective tenant's application, the prospective tenant's criminal history with respect to any: (1) conviction for an offense listed in Article 42A.054, Code of Criminal Procedure; or (2) reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure. SECTION 3. Section 392.055, Local Government Code, as amended by this Act, applies only to a rental application provided by a housing authority to a prospective tenant on or after the effective date of this Act. A rental application provided by a housing authority to a prospective tenant before the effective date of this Act is covered by the law in effect at the time the rental application was provided, and the former law is continued in effect for that purpose. SECTION 4. (a) The change in law made by this Act in adding Section 2306.111(j), Government Code, applies only to an application for financial assistance that is submitted to the Texas Department of Housing and Community Affairs on or after January 1, 2024. An application for financial assistance that is submitted to the department before January 1, 2024, is governed by the law in effect when the application was submitted, and the former law is continued in effect for that purpose. (b) Not later than December 1, 2023, the Texas Department of Housing and Community Affairs shall adopt the rules required by Section 2306.111(j), Government Code, as added by this Act. SECTION 5. This Act takes effect September 1, 2023.