Texas 2009 - 81st Regular

Texas House Bill HB2577 Compare Versions

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1	1	81R9232 PMO-F
2	2	By: Guillen, Anchia H.B. No. 2577
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a right to vacate and avoid residential lease liability
8	8	following the occurrence of certain sex offenses or domestic
9	9	violence; providing a penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 92.016, Property Code, is amended by
12	12	amending Subsections (b) and (c) and adding Subsection (c-1) to
13	13	read as follows:
14	14	(b) A tenant may terminate the tenant's rights and
15	15	obligations under a lease and may vacate the dwelling and avoid
16	16	liability for future rent and any other sums due under the lease for
17	17	terminating the lease and vacating the dwelling before the end of
18	18	the lease term if the tenant complies with Subsection (c) and
19	19	obtains and provides the landlord or the landlord's agent a copy of
20	20	one or more of the following orders protecting the tenant or an
21	21	occupant from family violence [committed by a cotenant or occupant
22	22	of the dwelling]:
23	23	(1) a temporary injunction issued under Subchapter F,
24	24	Chapter 6, Family Code; [or]
25	25	(2) a temporary ex parte order issued under Chapter
26	26	83, Family Code; or
27	27	(3) a protective order issued under Chapter 85, Family
28	28	Code.
29	29	(c) A tenant may exercise the rights to terminate the lease
30	30	under Subsection (b), vacate the dwelling before the end of the
31	31	lease term, and avoid liability beginning on the date after all of
32	32	the following events have occurred:
33	33	(1) a judge signs an order described by Subsection
34	34	(b);
35	35	(2) the tenant provides [has delivered] a copy of the
36	36	relevant documentation described by Subsection (b) [order] to the
37	37	landlord; [and]
38	38	(3) the tenant provides written notice of termination
39	39	of the lease to the landlord on or before the 30th day before the
40	40	date the lease terminates; and
41	41	(4) the tenant vacates [has vacated] the dwelling.
42	42	(c-1) If the family violence is committed by a cotenant or
43	43	occupant of the dwelling, a tenant may exercise the right to
44	44	terminate the lease under the procedures provided by Subsection
45	45	(b)(1) or (b)(3) and Subsection (c), except that the tenant is not
46	46	required to provide the notice described by Subsection (c)(3).
47	47	SECTION 2. Subchapter A, Chapter 92, Property Code, is
48	48	amended by adding Section 92.0161 to read as follows:
49	49	Sec. 92.0161. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
50	50	CERTAIN SEX OFFENSES. (a) In this section, "occupant" has the
51	51	meaning assigned by Section 92.016.
52	52	(b) A tenant may terminate the tenant's rights and
53	53	obligations under a lease and may vacate the dwelling and avoid
54	54	liability for future rent and any other sums due under the lease for
55	55	terminating the lease and vacating the dwelling before the end of
56	56	the lease term after the tenant complies with Subsection (c).
57	57	(c) If the tenant is a victim of sexual assault or a parent
58	58	or guardian of a victim of sexual assault under Section 22.011,
59	59	Penal Code, aggravated sexual assault under Section 22.021, Penal
60	60	Code, or continuous sexual abuse of a child under Section 21.02,
61	61	Penal Code, that takes place during the preceding six-month period
62	62	on the premises or at any dwelling on the premises, the tenant shall
63	63	provide to the landlord or the landlord's agent a copy of:
64	64	(1) documentation of the assault or abuse of the
65	65	victim from a licensed health care services provider who examined
66	66	the victim;
67	67	(2) documentation of the assault or abuse of the
68	68	victim from a licensed mental health services provider who examined
69	69	or evaluated the victim;
70	70	(3) documentation of the assault or abuse of the
71	71	victim from an individual authorized under Chapter 420, Government
72	72	Code, who provided services to the victim; or
73	73	(4) documentation of a protective order issued under
74	74	Chapter 7A, Code of Criminal Procedure.
75	75	(d) A tenant may exercise the rights to terminate the lease
76	76	under Subsection (b), vacate the dwelling before the end of the
77	77	lease term, and avoid liability beginning on the date after all of
78	78	the following events have occurred:
79	79	(1) the tenant provides a copy of the relevant
80	80	documentation described by Subsection (c) to the landlord;
81	81	(2) the tenant provides written notice of termination
82	82	of the lease to the landlord on or before that 30th day before the
83	83	date the lease terminates; and
84	84	(3) the tenant vacates the dwelling.
85	85	(e) Except as provided by Subsection (g), this section does
86	86	not affect a tenant's liability for delinquent, unpaid rent or
87	87	other sums owed to the landlord before the lease was terminated by
88	88	the tenant under this section.
89	89	(f) A landlord who violates this section is liable to the
90	90	tenant for actual damages, a civil penalty equal to the amount of
91	91	one month's rent plus $500, and attorney's fees.
92	92	(g) A tenant who terminates a lease under Subsection (b) is
93	93	released from all liability for any delinquent, unpaid rent owed to
94	94	the landlord by the tenant on the effective date of the lease
95	95	termination if the lease does not contain language substantially
96	96	equivalent to the following:
97	97	"Tenants may have special statutory rights to
98	98	terminate the lease early in certain situations
99	99	involving sexual assault or sexual abuse."
100	100	(h) A tenant may not waive a tenant's right to terminate a
101	101	lease before the end of the lease term, vacate the dwelling, and
102	102	avoid liability under this chapter.
103	103	SECTION 3. The change in law made by this Act applies only
104	104	to a lease that is executed or renewed on or after the effective
105	105	date of this Act. A lease that is executed or renewed before the
106	106	effective date of this Act is governed by the law in effect at the
107	107	time the lease was executed or renewed, and that law is continued in
108	108	effect for that purpose.
109	109	SECTION 4. This Act takes effect January 1, 2010.