82R664 PMO/JE-D
By: Gutierrez H.B. No. 1127
A BILL TO BE ENTITLED
AN ACT
relating to notice of relief available to certain members of the
military required to be provided in certain real property
documentation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 24.005, Property Code, is amended by
adding Subsection (j) to read as follows:
(j) A notice served on a tenant under this section must
contain, in addition to any other statements required under this
section, language substantially similar to the following:
"A tenant who is serving on active military duty may have
special rights or relief related to this notice under federal law,
including the Servicemembers Civil Relief Act (50 U.S.C. app.
Section 501 et seq.), and state law, including Section 92.017,
Texas Property Code."
SECTION 2. Section 24.0051(d), Property Code, is amended to
read as follows:
(d) In a suit described by Subsection (c), the citation
required by Rule 739, Texas Rules of Civil Procedure, must include
the following notice to the defendant on the first page of the
citation in English and Spanish and in conspicuous bold print:
SUIT TO EVICT
THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A TENANT
WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR
RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE
SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET
SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE.
CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED
HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN
ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL
ASSISTANCE.
SECTION 3. Section 51.002, Property Code, is amended by
adding Subsection (i) to read as follows:
(i) A notice served on a debtor under this section must
contain, in addition to any other statements required under this
section, language substantially similar to the following:
"A debtor who is serving on active military duty may have
special rights or relief related to this notice under federal law,
including the Servicemembers Civil Relief Act (50 U.S.C. app.
Section 501 et seq.), and state law, including Section 51.015,
Texas Property Code."
SECTION 4. Chapter 91, Property Code, is amended by adding
Section 91.0011 to read as follows:
Sec. 91.0011. NOTICE REGARDING RELIEF AVAILABLE TO CERTAIN
MEMBERS OF THE MILITARY. A notice given to a tenant under Section
91.001 must contain language substantially similar to the
following:
"A tenant who is serving on active military duty may have
special rights or relief related to this notice under federal law,
including the Servicemembers Civil Relief Act (50 U.S.C. app.
Section 501 et seq.)."
SECTION 5. Section 92.016(f), Property Code, is amended to
read as follows:
(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
similar [equivalent] to the following:
"Tenants may have special statutory rights to terminate the
lease early in certain situations involving family violence. A
tenant who is serving on active military duty may have special
rights or relief related to this lease under federal law, including
the Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et
seq.), and state law, including Section 92.017, Texas Property Code
[or a military deployment or transfer]."
SECTION 6. Section 92.017(g), Property Code, is amended to
read as follows:
(g) 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
similar [equivalent] to the following:
"Tenants may have special statutory rights to terminate the
lease early in certain situations involving family violence. A
tenant who is serving on active military duty may have special
rights or relief related to this lease under federal law, including
the Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et
seq.), and state law, including Section 92.017, Texas Property Code
[or a military deployment or transfer]."
SECTION 7. Section 209.006(b), Property Code, is amended to
read as follows:
(b) The notice must:
(1) describe the violation or property damage that is
the basis for the suspension action, charge, or fine and state any
amount due the association from the owner; and
(2) inform the owner that the owner:
(A) is entitled to a reasonable period to cure
the violation and avoid the fine or suspension unless the owner was
given notice and a reasonable opportunity to cure a similar
violation within the preceding six months; [and]
(B) may request a hearing under Section 209.007
on or before the 30th day after the date the owner receives the
notice; and
(C) may have special rights or relief related to
the enforcement action under federal law, including the
Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et
seq.), if the owner is serving on active military duty.
SECTION 8. The change in law made by Sections 24.005 and
24.0051, Property Code, as amended by this Act, applies only to a
suit for which notice is required under Chapter 24, Property Code,
that is filed on or after the effective date of this Act. A suit for
which notice is required under Chapter 24, Property Code, that is
filed before the effective date of this Act is governed by the law
in effect immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 9. The change in law made by Section 51.002,
Property Code, as amended by this Act, applies only to a sale for
which a notice is required under that section on or after the
effective date of this Act. A sale for which notice is required
under Section 51.002, Property Code, before the effective date of
this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 10. The change in law made by Section 91.0011,
Property Code, as added by this Act, applies only to a termination
of a lease for which notice is required under that section on or
after the effective date of this Act. A termination of a lease for
which notice is required under Section 91.0011, Property Code,
before the effective date of this Act is governed by the law in
effect immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 11. The change in law made by Sections 92.016 and
92.017, Property Code, as amended 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 12. The change in law made by Section 209.006,
Property Code, as amended by this Act, applies only to an
enforcement action for which a notice is required under that
section that commences on or after the effective date of this Act.
An enforcement action for which notice is required under Section
209.006, Property Code, that commences before the effective date of
this Act is governed by the law in effect when the enforcement
action commenced, and that law is continued in effect for that
purpose.
SECTION 13. This Act takes effect September 1, 2011.