| 1 | 1 | | 84R3252 LED-F |
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| 2 | 2 | | By: Garcia, Watson S.B. No. 1473 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to liability of persons who lease dwellings to persons |
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| 8 | 8 | | with criminal records. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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| 11 | 11 | | amended by adding Section 92.025 to read as follows: |
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| 12 | 12 | | Sec. 92.025. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL |
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| 13 | 13 | | RECORD. (a) A cause of action does not accrue against a landlord |
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| 14 | 14 | | solely for leasing a dwelling to a tenant, based on evidence that |
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| 15 | 15 | | the tenant has been convicted of, or arrested or placed on deferred |
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| 16 | 16 | | adjudication for, an offense. |
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| 17 | 17 | | (b) This section does not preclude a cause of action for |
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| 18 | 18 | | negligent leasing of a dwelling by a landlord to a tenant, if: |
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| 19 | 19 | | (1) the tenant: |
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| 20 | 20 | | (A) was convicted of an offense listed in Section |
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| 21 | 21 | | 3g, Article 42.12, Code of Criminal Procedure; or |
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| 22 | 22 | | (B) has a reportable conviction or adjudication, |
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| 23 | 23 | | as defined by Article 62.001, Code of Criminal Procedure; and |
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| 24 | 24 | | (2) the landlord knew or should have known of the |
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| 25 | 25 | | conviction or adjudication. |
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| 26 | 26 | | (c) This section does not create a cause of action or expand |
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| 27 | 27 | | an existing cause of action. |
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| 28 | 28 | | SECTION 2. Section 92.025, Property Code, as added by this |
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| 29 | 29 | | Act, does not affect a cause of action that accrued before the |
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| 30 | 30 | | effective date of this Act. A cause of action that accrued before |
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| 31 | 31 | | the effective date of this Act is governed by the law as it existed |
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| 32 | 32 | | immediately before that date, and the former law is continued in |
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| 33 | 33 | | effect for that purpose. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2015. |
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