| 1 | 1 | | 85R4446 PMO-D |
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| 2 | 2 | | By: Smithee H.B. No. 3868 |
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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 the vote to authorize background and criminal history |
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| 8 | 8 | | checks on tenant applicants by a property owners' association. |
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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. Chapter 209, Property Code, is amended by adding |
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| 11 | 11 | | Section 209.018 to read as follows: |
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| 12 | 12 | | Sec. 209.018. BACKGROUND CHECKS. Notwithstanding Section |
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| 13 | 13 | | 209.0041 or any other law or a provision in a dedicatory instrument |
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| 14 | 14 | | regarding the percentage vote required to amend a dedicatory |
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| 15 | 15 | | instrument, on approval of an affirmative vote of a majority of |
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| 16 | 16 | | owners, a property owners' association may adopt and enforce a |
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| 17 | 17 | | provision in a dedicatory instrument requiring an applicant for a |
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| 18 | 18 | | long-term or short-term tenancy of a property in the subdivision to |
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| 19 | 19 | | consent to a background and criminal history check conducted by or |
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| 20 | 20 | | on behalf of the property owners' association. |
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| 21 | 21 | | SECTION 2. Section 209.018, Property Code, as added by this |
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| 22 | 22 | | Act, applies to a dedicatory instrument adopted before, on, or |
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| 23 | 23 | | after the effective date of this Act. |
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| 24 | 24 | | SECTION 3. This Act takes effect immediately if it receives |
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| 25 | 25 | | a vote of two-thirds of all the members elected to each house, as |
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| 26 | 26 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 27 | 27 | | Act does not receive the vote necessary for immediate effect, this |
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| 28 | 28 | | Act takes effect September 1, 2017. |
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