Texas 2009 - 81st Regular

Texas House Bill HB534 Compare Versions

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1	1	H.B. No. 534
2	2
3	3
4	4	AN ACT
5	5	relating to the liability of certain guarantors under a residential
6	6	lease.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter A, Chapter 92, Property Code, is
9	9	amended by adding Section 92.021 to read as follows:
10	10	Sec. 92.021. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE.
11	11	(a) A person other than a tenant who guarantees a lease is liable
12	12	only for the original lease term except that a person may specify
13	13	that the person agrees to guarantee a renewal of the lease as
14	14	provided by Subsection (b).
15	15	(b) A person may specify in writing in an original lease
16	16	that the person will guarantee a renewal of the lease only if the
17	17	original lease states:
18	18	(1) the last date, as specified by the guarantor, on
19	19	which the renewal of the lease will renew the obligation of the
20	20	guarantor;
21	21	(2) that the guarantor is liable under a renewal of the
22	22	lease that occurs on or before that date; and
23	23	(3) that the guarantor is liable under a renewal of the
24	24	lease only if the renewal:
25	25	(A) involves the same parties as the original
26	26	lease; and
27	27	(B) does not increase the guarantor's potential
28	28	financial obligation for rent that existed under the original
29	29	lease.
30	30	(c) Subsection (b) does not prohibit a guarantor from
31	31	voluntarily entering into an agreement at the time of the renewal of
32	32	a lease, in a separate written document, to guarantee an increased
33	33	amount of rent.
34	34	(d) This section does not release a guarantor from the
35	35	obligations of the guarantor under the terms of the original lease
36	36	or a valid renewal for costs and damages owed to the lessor that
37	37	arise after the date specified by the guarantor in the original
38	38	lease in accordance with Subsection (b), if the costs or damages
39	39	relate to actions of the tenant before that date or arise as a
40	40	result of the tenant refusing to vacate the leased premises.
41	41	SECTION 2. The changes in law made by this Act apply only to
42	42	a lease agreement that is executed or renewed on or after the
43	43	effective date of this Act. A lease agreement that is executed or
44	44	renewed before the effective date of this Act is governed by the law
45	45	in effect at the time the lease agreement was executed or renewed,
46	46	and that law is continued in effect for that purpose.
47	47	SECTION 3. This Act takes effect January 1, 2010.
48	48	______________________________ ______________________________
49	49	President of the Senate Speaker of the House
50	50	I certify that H.B. No. 534 was passed by the House on May 15,
51	51	2009, by the following vote: Yeas 140, Nays 0, 1 present, not
52	52	voting.
53	53	______________________________
54	54	Chief Clerk of the House
55	55	I certify that H.B. No. 534 was passed by the Senate on May
56	56	27, 2009, by the following vote: Yeas 31, Nays 0.
57	57	______________________________
58	58	Secretary of the Senate
59	59	APPROVED: _____________________
60	60	Date
61	61	_____________________
62	62	Governor