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A BILL TO BE ENTITLED
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AN ACT
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relating to the vote to authorize background and criminal history |
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checks on tenant applicants by a property owners' association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 209, Property Code, is amended by adding |
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Section 209.018 to read as follows: |
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Sec. 209.018. BACKGROUND CHECKS. Notwithstanding Section |
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209.0041 or any other law or a provision in a dedicatory instrument |
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regarding the percentage vote required to amend a dedicatory |
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instrument, on approval of an affirmative vote of a majority of |
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owners, a property owners' association may adopt and enforce a |
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provision in a dedicatory instrument requiring an applicant for a |
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long-term or short-term tenancy of a property in the subdivision to |
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consent to a background and criminal history check conducted by or |
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on behalf of the property owners' association. |
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SECTION 2. Section 209.018, Property Code, as added by this |
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Act, applies to a dedicatory instrument adopted before, on, or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |