84R10941 AJA-D
By: Rodriguez of Travis H.B. No. 3561
A BILL TO BE ENTITLED
AN ACT
relating to damages in certain wrongful eviction actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Property Code, is amended by adding
Chapter 30 to read as follows:
CHAPTER 30. WRONGFUL EVICTION
Sec. 30.001. APPLICABILITY OF CHAPTER. This chapter
applies to a claimant in a wrongful eviction action who establishes
that:
(1) the claimant was wrongfully evicted from property
occupied by the claimant under an unexpired written lease; and
(2) at the time of the eviction, the property owner who
evicted the claimant would not have been reasonably likely to
prevail in an eviction action brought in accordance with Chapter
24.
Sec. 30.002. AVAILABILITY OF DAMAGES FOR MENTAL ANGUISH. A
claimant to whom this chapter applies may recover, in addition to
any other relief to which the claimant is entitled, damages for
mental anguish if the claimant establishes that in the course of the
wrongful eviction, the property owner:
(1) used or threatened violence to convince the
claimant to vacate or abandon the property; or
(2) knowingly or recklessly destroyed or seized all or
the majority of the claimant's property that was located on the
leased premises.
Sec. 30.003. EXEMPLARY DAMAGES. (a) An award of exemplary
damages under this section is governed by Chapter 41, Civil
Practice and Remedies Code, except that to the extent of any
conflict between this section and that chapter, this section
controls.
(b) Notwithstanding Section 41.003, Civil Practice and
Remedies Code, a claimant entitled to recover damages for mental
anguish under Section 30.002 may also recover exemplary damages if
the claimant proves by a preponderance of the evidence that the
wrongful eviction was pursued by the property owner solely for the
purpose of putting the property to a more profitable use.
(c) For purposes of Subsection (b), there is a rebuttable
presumption that a wrongful eviction was solely for the purpose of
putting the property to a more profitable use if:
(1) the wrongful eviction occurred less than six
months after the property owner acquired the property; and
(2) a structure occupied by the claimant was destroyed
by the property owner on or before the 60th day after the date of the
wrongful eviction.
(d) The trier of fact may award to a claimant to whom this
section applies exemplary damages in an amount that does not exceed
the greater of:
(1) the maximum amount of exemplary damages that may
be awarded in the action under Section 41.008, Civil Practice and
Remedies Code; or
(2) up to 25 percent of the fair market value of the
property from which the claimant was evicted, determined as of the
time of the wrongful eviction.
(e) In determining the amount of exemplary damages to be
awarded under this section, the trier of fact shall consider, in
addition to evidence considered under Section 41.011, Civil
Practice and Remedies Code, evidence, if any, relating to the
amount of damages necessary to deter future wrongful evictions of a
similar nature.
SECTION 2. The change in law made by this Act applies only
to a wrongful eviction that occurs on or after the effective date of
this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.