Texas 2019 - 86th Regular

Texas House Bill HB1209 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R8171 PMO-D
2		-	By: Rodriguez~~, Morrison, Moody~~ H.B. No. 1209
	2	+	By: Rodriguez H.B. No. 1209
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		(D) an order for emergency protection under
29	29		Article 17.292, Code of Criminal Procedure; or
30	30		(2) a copy of documentation of the family violence
31	31		from:
32	32		(A) a licensed health care services provider who
33	33		examined the victim;
34	34		(B) a licensed mental health services provider
35	35		who examined or evaluated the victim; or
36	36		(C) an individual who provided family violence
37	37		services to the victim through a family violence center authorized
38	38		to provide those services under Chapter 51, Human Resources Code.
39	39		(c) A tenant may exercise the rights to terminate the lease
40	40		under Subsection (b), vacate the dwelling before the end of the
41	41		lease term, and avoid liability beginning on the date after all of
42	42		the following events have occurred:
43	43		(1) a judge or magistrate, as applicable, signs an
44	44		order described by Subsection (b-1)(1) if the tenant obtained such
45	45		an order [(b)];
46	46		(2) the tenant provides a copy of the relevant
47	47		documentation described by Subsection (b-1)(1) or (2), as
48	48		applicable, [(b)] to the landlord;
49	49		(3) the tenant provides written notice of termination
50	50		of the lease to the landlord on or before the 30th day before the
51	51		date the lease terminates;
52	52		(4) the 30th day after the date the tenant provided
53	53		notice under Subdivision (3) expires; and
54	54		(5) the tenant vacates the dwelling.
55	55		(c-1) If the family violence is committed by a cotenant or
56	56		occupant of the dwelling, a tenant may exercise the right to
57	57		terminate the lease under the procedures provided by Subsection
58	58		(b-1)(1)(A), (C), or (D) or (b-1)(2) [(b)(1) or (3)] and Subsection
59	59		(c), except that the tenant is not required to provide the notice
60	60		described by Subsection (c)(3).
61	61		SECTION 2. Section 92.016, Property Code, as amended by
62	62		this Act, applies only to a lease entered into or renewed on or
63	63		after the effective date of this Act. A lease entered into or
64	64		renewed before the effective date of this Act is governed by the law
65	65		as it existed immediately before the effective date of this Act, and
66	66		that law is continued in effect for that purpose.
67	67		SECTION 3. This Act takes effect September 1, 2019.