| 1 | 1 | | 87R12189 NC-D |
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| 2 | 2 | | By: Sanford H.B. No. 4410 |
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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 consideration of the criminal history of an |
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| 8 | 8 | | applicant for an apartment lease. |
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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 I, Chapter 92, Property Code, is |
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| 11 | 11 | | amended by adding Section 92.3516 to read as follows: |
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| 12 | 12 | | Sec. 92.3516. CRIMINAL HISTORY OF APPLICANT FOR APARTMENT |
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| 13 | 13 | | LEASE. (a) In this section: |
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| 14 | 14 | | (1) "Apartment" means a dwelling unit in a multiunit |
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| 15 | 15 | | complex that has more than four dwelling units. |
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| 16 | 16 | | (2) "Conviction" means a verdict or plea of guilty or |
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| 17 | 17 | | nolo contendere for a criminal offense. The term does not include |
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| 18 | 18 | | deferred adjudication or community supervision. |
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| 19 | 19 | | (3) "Violent offense" has the meaning assigned by |
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| 20 | 20 | | Article 17.032, Code of Criminal Procedure. |
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| 21 | 21 | | (b) A landlord may not consider the criminal history of an |
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| 22 | 22 | | applicant for an apartment lease that did not result in a |
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| 23 | 23 | | conviction. |
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| 24 | 24 | | (c) A landlord may not reject an applicant for an apartment |
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| 25 | 25 | | lease solely because the applicant's criminal history includes a |
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| 26 | 26 | | conviction for an offense, other than a violent offense, that |
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| 27 | 27 | | occurred more than: |
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| 28 | 28 | | (1) four years before the date the application was |
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| 29 | 29 | | submitted, if the offense was a misdemeanor offense; or |
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| 30 | 30 | | (2) eight years before the date the application was |
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| 31 | 31 | | submitted, if the offense was a felony offense. |
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| 32 | 32 | | SECTION 2. The changes in law made by this Act apply only to |
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| 33 | 33 | | an application submitted on or after the effective date of this Act. |
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| 34 | 34 | | An application submitted before the effective date of this Act is |
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| 35 | 35 | | governed by the law in effect immediately before the effective date |
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| 36 | 36 | | of this Act, and the former law is continued in effect for that |
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| 37 | 37 | | purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2021. |
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