Texas 2013 - 83rd Regular

Texas Senate Bill SB946 Compare Versions

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Old	New	Differences
1	1	By: Nelson S.B. No. 946
2	2	(Bohac)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right to terminate a lease and avoid liability by a
8	8	victim of certain sexual offenses or stalking.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 92.0161, Property Code,
11	11	is amended to read as follows:
12	12	Sec. 92.0161. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
13	13	CERTAIN SEX OFFENSES OR STALKING.
14	14	SECTION 2. Section 92.0161, Property Code, is amended by
15	15	amending Subsections (b), (c), (d), and (g) and adding Subsections
16	16	(c-1), (i), and (j) to read as follows:
17	17	(b) A tenant may terminate the tenant's rights and
18	18	obligations under a lease and may vacate the dwelling and avoid
19	19	liability for future rent and any other sums due under the lease for
20	20	terminating the lease and vacating the dwelling before the end of
21	21	the lease term after the tenant complies with Subsection (c) or
22	22	(c-1).
23	23	(c) If the tenant is a victim [of sexual assault] or a parent
24	24	or guardian of a victim of sexual assault under Section 22.011,
25	25	Penal Code, aggravated sexual assault under Section 22.021, Penal
26	26	Code, indecency with a child under Section 21.11, Penal Code,
27	27	sexual performance by a child under Section 43.25, Penal Code, [or]
28	28	continuous sexual abuse of a child under Section 21.02, Penal Code,
29	29	or an attempt to commit any of the foregoing offenses under Section
30	30	15.01, Penal Code, that takes place during the preceding six-month
31	31	period on the premises or at any dwelling on the premises, the
32	32	tenant shall provide to the landlord or the landlord's agent a copy
33	33	of:
34	34	(1) documentation of the assault or abuse, or
35	35	attempted assault or abuse, of the victim from a licensed health
36	36	care services provider who examined the victim;
37	37	(2) documentation of the assault or abuse, or
38	38	attempted assault or abuse, of the victim from a licensed mental
39	39	health services provider who examined or evaluated the victim;
40	40	(3) documentation of the assault or abuse, or
41	41	attempted assault or abuse, of the victim from an individual
42	42	authorized under Chapter 420, Government Code, who provided
43	43	services to the victim; or
44	44	(4) documentation of a protective order issued under
45	45	Chapter 7A, Code of Criminal Procedure, except for a temporary ex
46	46	parte order.
47	47	(c-1) If the tenant is a victim or a parent or guardian of a
48	48	victim of stalking under Section 42.072, Penal Code, that takes
49	49	place during the preceding six-month period on the premises or at
50	50	any dwelling on the premises, the tenant shall provide to the
51	51	landlord or the landlord's agent a copy of:
52	52	(1) documentation of a protective order issued under
53	53	Chapter 7A or Article 6.09, Code of Criminal Procedure, except for a
54	54	temporary ex parte order; or
55	55	(2) documentation of the stalking from a provider of
56	56	services described by Subsection (c)(1), (2), or (3) and:
57	57	(A) a law enforcement incident report; or
58	58	(B) if a law enforcement incident report is
59	59	unavailable, another record maintained in the ordinary course of
60	60	business by a law enforcement agency.
61	61	(d) A tenant may exercise the rights to terminate the lease
62	62	under Subsection (b), vacate the dwelling before the end of the
63	63	lease term, and avoid liability beginning on the date after all of
64	64	the following events have occurred:
65	65	(1) the tenant provides a copy of the relevant
66	66	documentation described by Subsection (c) or (c-1) to the landlord;
67	67	(2) the tenant provides written notice of termination
68	68	of the lease to the landlord on or before the 30th day before the
69	69	date the lease terminates;
70	70	(3) the 30th day after the date the tenant provided
71	71	notice under Subdivision (2) expires; and
72	72	(4) the tenant vacates the dwelling.
73	73	(g) A tenant who terminates a lease under Subsection (b) is
74	74	released from all liability for any delinquent, unpaid rent owed to
75	75	the landlord by the tenant on the effective date of the lease
76	76	termination if the lease does not contain language substantially
77	77	equivalent to the following:
78	78	"Tenants may have special statutory rights to terminate the
79	79	lease early in certain situations involving certain sexual offenses
80	80	or stalking [assault or sexual abuse]."
81	81	(i) For purposes of Subsections (c) and (c-1), a tenant who
82	82	is a parent or guardian of a victim described by those subsections
83	83	must reside with the victim to exercise the rights established by
84	84	this section.
85	85	(j) A person who receives information under Subsection (c),
86	86	(c-1), or (d) may not disclose the information to any other person
87	87	except for a legitimate or customary business purpose or as
88	88	otherwise required by law.
89	89	SECTION 3. This Act takes effect September 1, 2013.
90	90	COMMITTEE AMENDMENT NO. 1
91	91	Amend Senate Bill No. 946 on page 4, line 6 (Senate engrossed
92	92	version) by striking "September 1, 2013" and substituting "January
93	93	1, 2014".
94	94	Bohac