85R4446 PMO-D
By: Smithee H.B. No. 3868
A BILL TO BE ENTITLED
AN ACT
relating to the vote to authorize background and criminal history
checks on tenant applicants by a property owners' association.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 209, Property Code, is amended by adding
Section 209.018 to read as follows:
Sec. 209.018. BACKGROUND CHECKS. Notwithstanding Section
209.0041 or any other law or a provision in a dedicatory instrument
regarding the percentage vote required to amend a dedicatory
instrument, on approval of an affirmative vote of a majority of
owners, a property owners' association may adopt and enforce a
provision in a dedicatory instrument requiring an applicant for a
long-term or short-term tenancy of a property in the subdivision to
consent to a background and criminal history check conducted by or
on behalf of the property owners' association.
SECTION 2. Section 209.018, Property Code, as added by this
Act, applies to a dedicatory instrument adopted before, on, or
after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.