By Culberson H.B. No. 3358 75R1734 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the duty of a parolee or a person released to mandatory 1-3 supervision to make a disclosure to certain persons and to the 1-4 liability of certain persons if the disclosure is not made. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Article 42.18, Code of Criminal Procedure, is 1-7 amended by adding Section 8C to read as follows: 1-8 Sec. 8C. RESIDENTIAL DISCLOSURE REQUIRED DURING PAROLE OR 1-9 RELEASE TO MANDATORY SUPERVISION. (a) This section applies only 1-10 to persons convicted of a felony offense under Title 5 or Title 7, 1-11 Penal Code. 1-12 (b) In addition to other conditions imposed by a parole 1-13 panel under this article, the panel shall require as a condition of 1-14 parole or mandatory supervision that a person subject to this 1-15 section disclose the nature of the crime for which the person was 1-16 convicted and the person's name and address to: 1-17 (1) any landlord of the property at which the person 1-18 resides or the landlord's agent; 1-19 (2) the superintendent of the school district in which 1-20 the person resides; and 1-21 (3) residents who live within a one-mile radius, in an 1-22 area that has not been subdivided, or a three-square-block area, in 1-23 an area that has been subdivided, of the address at which the 1-24 person resides. 2-1 (c) The person shall disclose the required information to 2-2 the landlord or the landlord's agent when the person leases the 2-3 property. 2-4 (d) Not later than the 30th day after the date of release 2-5 and not later than the 30th day after the date of establishing a 2-6 new residence, the person shall disclose the required information: 2-7 (1) to the superintendent of the school district by 2-8 mail to the district office; 2-9 (2) to residents within the designated area by mail to 2-10 each residential address; and 2-11 (3) by filing a notice with the county clerk of the 2-12 person's county of residence to be posted by the clerk on two 2-13 separate days on a bulletin board at a place convenient to the 2-14 public in the county courthouse. 2-15 (e) Not earlier than the 90th day or later than the 30th day 2-16 before the date the person is due to be released from a penal 2-17 institution, an official of the penal institution shall: 2-18 (1) inform the person of the person's duty to make the 2-19 disclosures required by this section; and 2-20 (2) require the person to sign a written statement 2-21 that the person was so informed or, if the person refuses to sign 2-22 the statement, certify that the person was so informed. 2-23 (f) The duty to provide the disclosures required by this 2-24 section ends on the day that the person discharges parole or 2-25 mandatory supervision. 2-26 SECTION 2. Subchapter A, Chapter 92, Property Code, is 2-27 amended by adding Section 92.0061 to read as follows: 3-1 Sec. 92.0061. LANDLORD'S LIABILITY FOR THIRD-PARTY ACTS. If 3-2 a person fails to provide the disclosures required by Section 8C, 3-3 Article 42.18, Code of Criminal Procedure, the landlord or the 3-4 landlord's agent may not be held liable for damages proximately 3-5 caused by the person's failure to disclose the required 3-6 information. 3-7 SECTION 3. This Act applies only to persons who become 3-8 paroled or released to mandatory supervision on or after the 3-9 effective date of this Act. 3-10 SECTION 4. The importance of this legislation and the 3-11 crowded condition of the calendars in both houses create an 3-12 emergency and an imperative public necessity that the 3-13 constitutional rule requiring bills to be read on three several 3-14 days in each house be suspended, and this rule is hereby suspended.