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A BILL TO BE ENTITLED
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AN ACT
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relating to limiting the liability of landlords who rent or lease |
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dwellings to persons with criminal records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 92, Subchapter H, Texas Property Code is |
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amended by adding Section 92.356 |
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to read as follows: |
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Sec. 92.001 (1). LIMITATION ON LIABILITY FOR RENTING OR |
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LEASING TO TENANT CONVICTED OF OFFENSE. (a) A cause of action may |
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not be brought against a landlord solely for renting or leasing a |
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dwelling, based on evidence that the tenant has been convicted of |
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an offense. |
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(b) This section does not preclude a cause of action for |
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negligent renting or leasing by a landlord of a dwelling to a |
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tenant, if: |
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(1) the landlord knew or should have known of the |
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conviction; and |
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(2) the tenant was convicted of: |
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(A) an offense listed in Section 3g, Article |
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42.12, Code of Criminal Procedure; or |
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(B) a sexually violent offense, as defined by |
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Article 62.001, Code of Criminal Procedure. |
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(c) This section does not create a cause of action or expand |
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an existing cause of action. |
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SECTION 2. Sec. 92.001 (1), as added by this Act, applies |
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only to a cause of action that accrues on or after the effective |
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date of this Act. A cause of action that accrues before the |
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effective date of this Act is governed by the law in effect |
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immediately before that date, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |