Texas 2009 - 81st Regular

Texas Senate Bill SB83 Compare Versions

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1	1	S.B. No. 83
2	2
3	3
4	4	AN ACT
5	5	relating to a right to vacate and avoid residential lease liability
6	6	following the occurrence of certain sex offenses or domestic
7	7	violence; providing a penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 92.016, Property Code, is amended by
10	10	amending Subsections (b) and (c) and adding Subsection (c-1) to
11	11	read as follows:
12	12	(b) A tenant may terminate the tenant's rights and
13	13	obligations under a lease and may vacate the dwelling and avoid
14	14	liability for future rent and any other sums due under the lease for
15	15	terminating the lease and vacating the dwelling before the end of
16	16	the lease term if the tenant complies with Subsection (c) and
17	17	[obtains and] provides the landlord or the landlord's agent a copy
18	18	of one or more of the following orders protecting the tenant or an
19	19	occupant from family violence [committed by a cotenant or occupant
20	20	of the dwelling]:
21	21	(1) a temporary injunction issued under Subchapter F,
22	22	Chapter 6, Family Code; [or]
23	23	(2) a temporary ex parte order issued under Chapter
24	24	83, Family Code; or
25	25	(3) a protective order issued under Chapter 85, Family
26	26	Code.
27	27	(c) A tenant may exercise the rights to terminate the lease
28	28	under Subsection (b), vacate the dwelling before the end of the
29	29	lease term, and avoid liability beginning on the date after all of
30	30	the following events have occurred:
31	31	(1) a judge signs an order described by Subsection
32	32	(b);
33	33	(2) the tenant provides [has delivered] a copy of the
34	34	relevant documentation described by Subsection (b) [order] to the
35	35	landlord; [and]
36	36	(3) the tenant provides written notice of termination
37	37	of the lease to the landlord on or before the 30th day before the
38	38	date the lease terminates;
39	39	(4) the 30th day after the date the tenant provided
40	40	notice under Subdivision (3) expires; and
41	41	(5) 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 (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 the 30th day before the
83	83	date the lease terminates;
84	84	(3) the 30th day after the date the tenant provided
85	85	notice under Subdivision (2) expires; and
86	86	(4) the tenant vacates the dwelling.
87	87	(e) Except as provided by Subsection (g), this section does
88	88	not affect a tenant's liability for delinquent, unpaid rent or
89	89	other sums owed to the landlord before the lease was terminated by
90	90	the tenant under this section.
91	91	(f) A landlord who violates this section is liable to the
92	92	tenant for actual damages, a civil penalty equal to the amount of
93	93	one month's rent plus $500, and attorney's fees.
94	94	(g) A tenant who terminates a lease under Subsection (b) is
95	95	released from all liability for any delinquent, unpaid rent owed to
96	96	the landlord by the tenant on the effective date of the lease
97	97	termination if the lease does not contain language substantially
98	98	equivalent to the following:
99	99	"Tenants may have special statutory rights to terminate the
100	100	lease early in certain situations involving sexual assault or
101	101	sexual abuse."
102	102	(h) A tenant may not waive a tenant's right to terminate a
103	103	lease before the end of the lease term, vacate the dwelling, and
104	104	avoid liability under this chapter.
105	105	SECTION 3. The change in law made by this Act applies only
106	106	to a lease that is executed or renewed on or after the effective
107	107	date of this Act. A lease that is executed or renewed before the
108	108	effective date of this Act is governed by the law in effect at the
109	109	time the lease was executed or renewed, and that law is continued in
110	110	effect for that purpose.
111	111	SECTION 4. This Act takes effect January 1, 2010.
112	112	______________________________ ______________________________
113	113	President of the Senate Speaker of the House
114	114	I hereby certify that S.B. No. 83 passed the Senate on April
115	115	2, 2009, by the following vote: Yeas 31, Nays 0.
116	116	______________________________
117	117	Secretary of the Senate
118	118	I hereby certify that S.B. No. 83 passed the House on April
119	119	30, 2009, by the following vote: Yeas 144, Nays 0, one present not
120	120	voting.
121	121	______________________________
122	122	Chief Clerk of the House
123	123	Approved:
124	124	______________________________
125	125	Date
126	126	______________________________
127	127	Governor