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.