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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of the criminal history of an |
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applicant for an apartment lease. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 92, Property Code, is |
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amended by adding Section 92.3516 to read as follows: |
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Sec. 92.3516. CRIMINAL HISTORY OF APPLICANT FOR APARTMENT |
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LEASE. (a) In this section: |
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(1) "Apartment" means a dwelling unit in a multiunit |
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complex that has more than four dwelling units. |
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(2) "Conviction" means a verdict or plea of guilty or |
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nolo contendere for a criminal offense. The term does not include |
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deferred adjudication or community supervision. |
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(3) "Violent offense" has the meaning assigned by |
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Article 17.032, Code of Criminal Procedure. |
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(b) A landlord may not consider the criminal history of an |
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applicant for an apartment lease that did not result in a |
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conviction. |
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(c) A landlord may not reject an applicant for an apartment |
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lease solely because the applicant's criminal history includes a |
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conviction for an offense, other than a violent offense, that |
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occurred more than: |
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(1) four years before the date the application was |
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submitted, if the offense was a misdemeanor offense; or |
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(2) eight years before the date the application was |
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submitted, if the offense was a felony offense. |
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SECTION 2. The changes in law made by this Act apply only to |
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an application submitted on or after the effective date of this Act. |
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An application submitted before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |