85R9514 PMO-D
By: Rodriguez of Travis H.B. No. 4135
A BILL TO BE ENTITLED
AN ACT
relating to the right to vacate and avoid residential lease
liability following the occurrence of family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.016, Property Code, is amended by
amending Subsections (b), (c), and (c-1) and adding Subsection
(b-1) 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 if the tenant complies with Subsection (c).
(b-1) A tenant may obtain relief under Subsection (b) if the
tenant [and] provides the landlord or the landlord's agent:
(1) a copy of one or more of the following orders
protecting the tenant or an occupant from family violence:
(A) [(1)] a temporary injunction issued under
Subchapter F, Chapter 6, Family Code;
(B) [(2)] a temporary ex parte order issued under
Chapter 83, Family Code; or
(C) [(3)] a protective order issued under
Chapter 85, Family Code; or
(2) a copy of:
(A) documentation of the family violence from:
(i) a licensed health care services
provider who examined the victim;
(ii) a licensed mental health services
provider who examined or evaluated the victim; or
(iii) an individual authorized under
Chapter 420, Government Code, who provided services to the victim;
(B) a law enforcement incident report or, if a
law enforcement incident report is unavailable, another record
maintained in the ordinary course of business by a law enforcement
agency; and
(C) if the report or record described by
Paragraph (B) identifies the victim by means of a pseudonym, as
defined by Article 57A.01, Code of Criminal Procedure, a copy of a
pseudonym form completed and returned under Article 57A.02 of that
code.
(c) 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) a judge signs an order described by Subsection
(b-1)(1) if the tenant obtained such an order [(b)];
(2) the tenant provides a copy of the relevant
documentation described by Subsection (b-1)(1) or (2), as
applicable, [(b)] to the landlord;
(3) 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;
(4) the 30th day after the date the tenant provided
notice under Subdivision (3) expires; and
(5) the tenant vacates the dwelling.
(c-1) If the family violence is committed by a cotenant or
occupant of the dwelling, a tenant may exercise the right to
terminate the lease under the procedures provided by Subsection
(b-1)(1)(A) or (C) or (b-1)(2) [(b)(1) or (3)] and Subsection (c),
except that the tenant is not required to provide the notice
described by Subsection (c)(3).
SECTION 2. Section 92.016, Property Code, as amended by
this Act, applies only to a lease entered into or renewed on or
after the effective date of this Act. A lease entered into or
renewed before the effective date of this Act is governed by the law
as it existed immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.