| 1 | 1 | | 81R5778 PMO-D |
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| 2 | 2 | | By: Leibowitz H.B. No. 1226 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to right to vacate and avoid residential lease liability |
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| 8 | 8 | | following the occurrence of certain criminal offenses or family |
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| 9 | 9 | | violence. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Section 92.016, Property Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 92.016. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING |
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| 14 | 14 | | CERTAIN CRIMINAL OFFENSES OR FAMILY VIOLENCE. |
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| 15 | 15 | | SECTION 2. Sections 92.016(b) and (f), Property Code, are |
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| 16 | 16 | | amended to read as follows: |
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| 17 | 17 | | (b) A tenant may terminate the tenant's rights and |
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| 18 | 18 | | obligations under a lease [and may vacate the dwelling] and avoid |
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| 19 | 19 | | liability for future rent and any other sums due under the lease for |
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| 20 | 20 | | terminating the lease [and vacating the dwelling] before the end of |
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| 21 | 21 | | the lease term beginning on the date after [if] the tenant vacates |
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| 22 | 22 | | the premises [complies with Subsection (c) and obtains] and |
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| 23 | 23 | | provides the landlord or the landlord's agent a copy of: |
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| 24 | 24 | | (1) if the tenant is a victim of an offense under |
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| 25 | 25 | | Chapter 20, 21, 22, 28, 29, 30, or 31, Penal Code, that took place on |
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| 26 | 26 | | the premises or at any dwelling on the premises, an official law |
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| 27 | 27 | | enforcement report of the offense; or |
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| 28 | 28 | | (2) if the tenant or occupant is the victim of family |
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| 29 | 29 | | violence under Section 71.004, Family Code, one or more of the |
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| 30 | 30 | | following orders protecting the tenant or an occupant from family |
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| 31 | 31 | | violence committed by a cotenant or occupant of the dwelling: |
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| 32 | 32 | | (A) [(1)] a temporary injunction issued under |
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| 33 | 33 | | Subchapter F, Chapter 6, Family Code; or |
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| 34 | 34 | | (B) [(2)] a protective order issued under |
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| 35 | 35 | | Chapter 85, Family Code. |
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| 36 | 36 | | (f) A tenant who terminates a lease under Subsection (b) is |
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| 37 | 37 | | released from all liability for any delinquent, unpaid rent owed to |
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| 38 | 38 | | the landlord by the tenant on the effective date of the lease |
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| 39 | 39 | | termination if the lease does not contain language substantially |
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| 40 | 40 | | equivalent to the following: |
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| 41 | 41 | | "Tenants may have special statutory rights to |
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| 42 | 42 | | terminate the lease early in certain situations |
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| 43 | 43 | | involving certain criminal offenses, family violence, |
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| 44 | 44 | | or a military deployment or transfer." |
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| 45 | 45 | | SECTION 3. Section 92.016(c), Property Code, is repealed. |
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| 46 | 46 | | SECTION 4. The change in law made by this Act applies only |
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| 47 | 47 | | to a lease that is executed or renewed on or after the effective |
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| 48 | 48 | | date of this Act. A lease that is executed or renewed before the |
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| 49 | 49 | | effective date of this Act is governed by the law in effect at the |
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| 50 | 50 | | time the lease was executed or renewed, and that law is continued in |
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| 51 | 51 | | effect for that purpose. |
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| 52 | 52 | | SECTION 5. This Act takes effect September 1, 2009. |
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