By: Thompson of Harris H.B. No. 3079
A BILL TO BE ENTITLED
AN ACT
relating to limiting the liability of landlords who rent or lease
dwellings to persons with criminal records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 92, Subchapter H, Texas Property Code is
amended by adding Section 92.356
to read as follows:
Sec. 92.001 (1). LIMITATION ON LIABILITY FOR RENTING OR
LEASING TO TENANT CONVICTED OF OFFENSE. (a) A cause of action may
not be brought against a landlord solely for renting or leasing a
dwelling, based on evidence that the tenant has been convicted of
an offense.
(b) This section does not preclude a cause of action for
negligent renting or leasing by a landlord of a dwelling to a
tenant, if:
(1) the landlord knew or should have known of the
conviction; and
(2) the tenant was convicted of:
(A) an offense listed in Section 3g, Article
42.12, Code of Criminal Procedure; or
(B) a sexually violent offense, as defined by
Article 62.001, Code of Criminal Procedure.
(c) This section does not create a cause of action or expand
an existing cause of action.
SECTION 2. Sec. 92.001 (1), as added by this Act, applies
only to a cause of action that accrues on or after the effective
date of this Act. A cause of action that accrues before the
effective date of this Act is governed by the law in effect
immediately before that date, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.