82R7891 PMO-D
By: Miles H.B. No. 2411
A BILL TO BE ENTITLED
AN ACT
relating to a residential tenant's right to vacate a dwelling and
avoid liability for rent under certain circumstances following the
declaration of a state of disaster; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0162 to read as follows:
Sec. 92.0162. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
DECLARATION OF STATE OF DISASTER. (a) After the date the governor
by executive order or proclamation declares a state of disaster
under Chapter 418, Government Code, 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 as a result of the disaster, the
dwelling has been rendered uninhabitable or unusable for
residential purposes.
(b) For purposes of Subsection (a), a dwelling is
uninhabitable or unusable for residential purposes if, under
Section 418.0016, Government Code, an emergency management
director issues a written certification of the determination that
the dwelling is uninhabitable or unusable for residential purposes.
(c) A tenant whose dwelling has been certified as
uninhabitable or unusable as provided by Subsection (b) and is
located in a multiunit complex, as defined by Section 92.151, may
not exercise a right under Subsection (a) if the landlord offers to
the tenant, on the same terms as the lease for the dwelling
certified as uninhabitable or unusable, a dwelling that is:
(1) substantially similar to the dwelling certified as
uninhabitable or unusable; and
(2) located in the same multiunit complex.
(d) A tenant may exercise the right under Subsection (a) to
terminate the lease, 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) the governor by executive order or proclamation
has declared a state of disaster under Chapter 418, Government
Code;
(2) the tenant has provided written notice to the
landlord that the tenant is exercising the tenant's rights under
this section; and
(3) the tenant has vacated the dwelling.
(e) Notice under Subsection (d)(2) is effective on the date
the tenant provides actual notice or notice to the landlord in
accordance with the general notice provisions in the tenant's
lease.
(f) Except as provided by Subsection (g), this section does
not affect a tenant's liability for delinquent, unpaid rent or
other sums owed to the landlord before the lease was terminated by
the tenant under this section.
(g) A tenant who terminates a lease under this section 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 described by Subsection (e) if the lease does not
contain conspicuous language, printed in 14-point boldface type or
14-point uppercase typewritten letters, that is substantially
equivalent to the following:
"Tenants may have special statutory rights to avoid liability
for rent in certain situations involving the declaration of a state
of disaster by the governor."
(h) A landlord violates this section if the landlord:
(1) charges a tenant who has exercised the tenant's
rights under this section rent or other sums due under the lease; or
(2) otherwise holds a tenant who has exercised the
tenant's rights under this section liable for rent or other sums due
under the lease.
(i) A landlord who violates this section is liable to the
tenant for actual damages, a civil penalty equal to the amount of
one month's rent plus $500, and attorney's fees.
(j) A tenant may not waive the tenant's right to exercise
the tenant's rights under this section.
SECTION 2. Section 92.006(g), Property Code, is amended to
read as follows:
(g) A tenant's right to vacate a dwelling and avoid
liability under Section 92.016, 92.0162, or 92.017 may not be
waived by a tenant or a landlord, except as provided by those
sections.
SECTION 3. Subchapter E, Chapter 418, Government Code, is
amended by adding Section 418.1016 to read as follows:
Sec. 418.1016. CERTIFICATION OF LEASED DWELLINGS. (a) On
request of any person, an emergency management director shall
determine whether a leased dwelling is uninhabitable or unusable
for residential purposes, for purposes of Section 92.0162, Property
Code.
(b) Not later than the 30th day after the date a request is
mailed to the emergency management director by certified mail,
return receipt requested, the director shall issue to the requestor
a written certification of the determination made under Subsection
(a).
SECTION 4. 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 5. This Act takes effect January 1, 2012.