81R5778 PMO-D
By: Leibowitz H.B. No. 1226
A BILL TO BE ENTITLED
AN ACT
relating to right to vacate and avoid residential lease liability
following the occurrence of certain criminal offenses or family
violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 92.016, Property Code, is
amended to read as follows:
Sec. 92.016. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
CERTAIN CRIMINAL OFFENSES OR FAMILY VIOLENCE.
SECTION 2. Sections 92.016(b) and (f), Property Code, are
amended to read as follows:
(b) A tenant may terminate the tenant's rights and
obligations under a lease [and may vacate the dwelling] and avoid
liability for future rent and any other sums due under the lease for
terminating the lease [and vacating the dwelling] before the end of
the lease term beginning on the date after [if] the tenant vacates
the premises [complies with Subsection (c) and obtains] and
provides the landlord or the landlord's agent a copy of:
(1) if the tenant is a victim of an offense under
Chapter 20, 21, 22, 28, 29, 30, or 31, Penal Code, that took place on
the premises or at any dwelling on the premises, an official law
enforcement report of the offense; or
(2) if the tenant or occupant is the victim of family
violence under Section 71.004, Family Code, one or more of the
following orders protecting the tenant or an occupant from family
violence committed by a cotenant or occupant of the dwelling:
(A) [(1)] a temporary injunction issued under
Subchapter F, Chapter 6, Family Code; or
(B) [(2)] a protective order issued under
Chapter 85, Family Code.
(f) A tenant who terminates a lease under Subsection (b) is
released from all liability for any delinquent, unpaid rent owed to
the landlord by the tenant on the effective date of the lease
termination if the lease does not contain language substantially
equivalent to the following:
"Tenants may have special statutory rights to
terminate the lease early in certain situations
involving certain criminal offenses, family violence,
or a military deployment or transfer."
SECTION 3. Section 92.016(c), Property Code, is repealed.
SECTION 4. The change in law made by this Act applies only
to a lease that is executed or renewed on or after the effective
date of this Act. A lease that is executed or renewed before the
effective date of this Act is governed by the law in effect at the
time the lease was executed or renewed, and that law is continued in
effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.