Texas 2017 - 85th Regular

Texas House Bill HB4135 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9514 PMO-D
2	2	By: Rodriguez of Travis H.B. No. 4135
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right to vacate and avoid residential lease
8	8	liability following the occurrence of family violence.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 92.016, Property Code, is amended by
11	11	amending Subsections (b), (c), and (c-1) and adding Subsection
12	12	(b-1) to read as follows:
13	13	(b) A tenant may terminate the tenant's rights and
14	14	obligations under a lease and may vacate the dwelling and avoid
15	15	liability for future rent and any other sums due under the lease for
16	16	terminating the lease and vacating the dwelling before the end of
17	17	the lease term if the tenant complies with Subsection (c).
18	18	(b-1) A tenant may obtain relief under Subsection (b) if the
19	19	tenant [and] provides the landlord or the landlord's agent:
20	20	(1) a copy of one or more of the following orders
21	21	protecting the tenant or an occupant from family violence:
22	22	(A) [(1)] a temporary injunction issued under
23	23	Subchapter F, Chapter 6, Family Code;
24	24	(B) [(2)] a temporary ex parte order issued under
25	25	Chapter 83, Family Code; or
26	26	(C) [(3)] a protective order issued under
27	27	Chapter 85, Family Code; or
28	28	(2) a copy of:
29	29	(A) documentation of the family violence from:
30	30	(i) a licensed health care services
31	31	provider who examined the victim;
32	32	(ii) a licensed mental health services
33	33	provider who examined or evaluated the victim; or
34	34	(iii) an individual authorized under
35	35	Chapter 420, Government Code, who provided services to the victim;
36	36	(B) a law enforcement incident report or, if a
37	37	law enforcement incident report is unavailable, another record
38	38	maintained in the ordinary course of business by a law enforcement
39	39	agency; and
40	40	(C) if the report or record described by
41	41	Paragraph (B) identifies the victim by means of a pseudonym, as
42	42	defined by Article 57A.01, Code of Criminal Procedure, a copy of a
43	43	pseudonym form completed and returned under Article 57A.02 of that
44	44	code.
45	45	(c) A tenant may exercise the rights to terminate the lease
46	46	under Subsection (b), vacate the dwelling before the end of the
47	47	lease term, and avoid liability beginning on the date after all of
48	48	the following events have occurred:
49	49	(1) a judge signs an order described by Subsection
50	50	(b-1)(1) if the tenant obtained such an order [(b)];
51	51	(2) the tenant provides a copy of the relevant
52	52	documentation described by Subsection (b-1)(1) or (2), as
53	53	applicable, [(b)] to the landlord;
54	54	(3) the tenant provides written notice of termination
55	55	of the lease to the landlord on or before the 30th day before the
56	56	date the lease terminates;
57	57	(4) the 30th day after the date the tenant provided
58	58	notice under Subdivision (3) expires; and
59	59	(5) the tenant vacates the dwelling.
60	60	(c-1) If the family violence is committed by a cotenant or
61	61	occupant of the dwelling, a tenant may exercise the right to
62	62	terminate the lease under the procedures provided by Subsection
63	63	(b-1)(1)(A) or (C) or (b-1)(2) [(b)(1) or (3)] and Subsection (c),
64	64	except that the tenant is not required to provide the notice
65	65	described by Subsection (c)(3).
66	66	SECTION 2. Section 92.016, Property Code, as amended by
67	67	this Act, applies only to a lease entered into or renewed on or
68	68	after the effective date of this Act. A lease entered into or
69	69	renewed before the effective date of this Act is governed by the law
70	70	as it existed immediately before the effective date of this Act, and
71	71	that law is continued in effect for that purpose.
72	72	SECTION 3. This Act takes effect September 1, 2017.