By: Nelson S.B. No. 946
(Bohac)
A BILL TO BE ENTITLED
AN ACT
relating to the right to terminate a lease and avoid liability by a
victim of certain sexual offenses or stalking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 92.0161, Property Code,
is amended to read as follows:
Sec. 92.0161. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
CERTAIN SEX OFFENSES OR STALKING.
SECTION 2. Section 92.0161, Property Code, is amended by
amending Subsections (b), (c), (d), and (g) and adding Subsections
(c-1), (i), and (j) 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 after the tenant complies with Subsection (c) or
(c-1).
(c) If the tenant is a victim [of sexual assault] or a parent
or guardian of a victim of sexual assault under Section 22.011,
Penal Code, aggravated sexual assault under Section 22.021, Penal
Code, indecency with a child under Section 21.11, Penal Code,
sexual performance by a child under Section 43.25, Penal Code, [or]
continuous sexual abuse of a child under Section 21.02, Penal Code,
or an attempt to commit any of the foregoing offenses under Section
15.01, Penal Code, that takes place during the preceding six-month
period on the premises or at any dwelling on the premises, the
tenant shall provide to the landlord or the landlord's agent a copy
of:
(1) documentation of the assault or abuse, or
attempted assault or abuse, of the victim from a licensed health
care services provider who examined the victim;
(2) documentation of the assault or abuse, or
attempted assault or abuse, of the victim from a licensed mental
health services provider who examined or evaluated the victim;
(3) documentation of the assault or abuse, or
attempted assault or abuse, of the victim from an individual
authorized under Chapter 420, Government Code, who provided
services to the victim; or
(4) documentation of a protective order issued under
Chapter 7A, Code of Criminal Procedure, except for a temporary ex
parte order.
(c-1) If the tenant is a victim or a parent or guardian of a
victim of stalking under Section 42.072, Penal Code, that takes
place during the preceding six-month period on the premises or at
any dwelling on the premises, the tenant shall provide to the
landlord or the landlord's agent a copy of:
(1) documentation of a protective order issued under
Chapter 7A or Article 6.09, Code of Criminal Procedure, except for a
temporary ex parte order; or
(2) documentation of the stalking from a provider of
services described by Subsection (c)(1), (2), or (3) and:
(A) a law enforcement incident report; or
(B) if a law enforcement incident report is
unavailable, another record maintained in the ordinary course of
business by a law enforcement agency.
(d) 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) the tenant provides a copy of the relevant
documentation described by Subsection (c) or (c-1) to the landlord;
(2) the tenant provides written notice of termination
of the lease to the landlord on or before the 30th day before the
date the lease terminates;
(3) the 30th day after the date the tenant provided
notice under Subdivision (2) expires; and
(4) the tenant vacates the dwelling.
(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
equivalent to the following:
"Tenants may have special statutory rights to terminate the
lease early in certain situations involving certain sexual offenses
or stalking [assault or sexual abuse]."
(i) For purposes of Subsections (c) and (c-1), a tenant who
is a parent or guardian of a victim described by those subsections
must reside with the victim to exercise the rights established by
this section.
(j) A person who receives information under Subsection (c),
(c-1), or (d) may not disclose the information to any other person
except for a legitimate or customary business purpose or as
otherwise required by law.
SECTION 3. This Act takes effect September 1, 2013.
COMMITTEE AMENDMENT NO. 1
Amend Senate Bill No. 946 on page 4, line 6 (Senate engrossed
version) by striking "September 1, 2013" and substituting "January
1, 2014".
Bohac