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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the consideration of certain criminal |
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history information of a prospective tenant of a housing |
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development operated by a public housing authority or operated by a |
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recipient of financial assistance administered by the Texas |
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Department of Housing and Community Affairs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 392.055, Local Government Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Except as otherwise provided by this subsection, an |
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authority may not inquire about or consider a prospective tenant's |
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criminal history, including a previous conviction or arrest or a |
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previous grant of deferred adjudication community supervision. An |
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authority may request a prospective tenant to disclose, and may use |
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as grounds for rejection of the prospective tenant's application, |
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the prospective tenant's criminal history with respect to any: |
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(1) conviction for an offense listed in Article |
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42A.054, Code of Criminal Procedure; or |
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(2) reportable conviction or adjudication, as defined |
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by Article 62.001, Code of Criminal Procedure. |
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SECTION 2. Section 2306.111, Government Code, is amended by |
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adding Subsection (j) to read as follows: |
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(j) The department by rule shall adopt policies to ensure |
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that the operator of a housing development that receives financial |
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assistance administered by the department, including financial |
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assistance from the proceeds of bonds issued by the department, |
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does not, except as otherwise provided by this subsection, inquire |
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about or consider a prospective tenant's criminal history, |
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including a previous conviction or arrest or a previous grant of |
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deferred adjudication community supervision. An operator of a |
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housing development described by this subsection may request a |
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prospective tenant to disclose, and may use as grounds for |
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rejection of the prospective tenant's application, the prospective |
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tenant's criminal history with respect to any: |
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(1) conviction for an offense listed in Article |
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42A.054, Code of Criminal Procedure; or |
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(2) reportable conviction or adjudication, as defined |
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by Article 62.001, Code of Criminal Procedure. |
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SECTION 3. Section 392.055, Local Government Code, as |
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amended by this Act, applies only to a rental application provided |
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by a housing authority to a prospective tenant on or after the |
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effective date of this Act. A rental application provided by a |
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housing authority to a prospective tenant before the effective date |
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of this Act is covered by the law in effect at the time the rental |
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application was provided, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. (a) The change in law made by this Act in adding |
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Section 2306.111(j), Government Code, applies only to an |
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application for financial assistance that is submitted to the Texas |
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Department of Housing and Community Affairs on or after January 1, |
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2024. An application for financial assistance that is submitted to |
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the department before January 1, 2024, is governed by the law in |
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effect when the application was submitted, and the former law is |
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continued in effect for that purpose. |
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(b) Not later than December 1, 2023, the Texas Department of |
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Housing and Community Affairs shall adopt the rules required by |
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Section 2306.111(j), Government Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |