81R2165 PMO-D
By: Nelson S.B. No. 83
A BILL TO BE ENTITLED
AN ACT
relating to right to vacate and avoid residential lease liability
following the occurrence of certain sex 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 SEX OFFENSES OR FAMILY VIOLENCE.
SECTION 2. Sections 92.016(b), (c), 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 if the tenant 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 sexual assault under
Section 22.011, Penal Code, or aggravated sexual assault under
Section 22.021, Penal Code, that takes place on the premises or at
any dwelling on the premises:
(A) documentation of the assault of the victim
from a licensed health care services provider who conducted a
sexual assault forensic examination of the victim;
(B) documentation of the assault of the victim
from a licensed mental health services provider who examined or
evaluated the victim; or
(C) documentation of the assault of the victim
from an individual authorized under Chapter 420, Government Code,
to collect and preserve evidence of the assault;
(2) if the tenant is the custodial parent, as defined
by Section 1504.001, Insurance Code, of a victim of continuous
sexual abuse of a child under Section 21.02, Penal Code, that takes
place on the premises or at any dwelling on the premises:
(A) documentation of the abuse of the victim from
a licensed health care services provider who conducted a sexual
assault forensic examination of the victim;
(B) documentation of the abuse of the victim from
a licensed mental health services provider who examined or
evaluated the victim; or
(C) documentation of the abuse of the victim from
an individual authorized under Chapter 420, Government Code, to
collect and preserve evidence of the abuse; or
(3) 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.
(c) A tenant may exercise the rights to terminate the lease
under Subsection (b), vacate the dwelling before the end of the
lease term, and avoid liability beginning on the date after all of
the following events have occurred:
(1) [a judge signs an order described by Subsection
(b);
[(2)] the tenant has delivered a copy of the relevant
documentation described by Subsection (b) [order] to the landlord;
and
(2) [(3)] the tenant has vacated the dwelling.
(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 sexual assault, sexual abuse, family
violence, or a military deployment or transfer."
SECTION 3. 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 4. This Act takes effect September 1, 2009.