Texas 2019 - 86th Regular

Texas House Bill HB69 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 69
	1	+	By: Minjarez, et al. (Senate Sponsor - Zaffirini) H.B. No. 69
	2	+	(In the Senate - Received from the House April 26, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Business & Commerce; May 20, 2019, reported favorably by the
	5	+	following vote: Yeas 8, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4		-	A
5		-	N ACT
	9	+	A BILL TO BE ENTITLED
	10	+	AN ACT
6	11		relating to the right to vacate and avoid liability under a
7	12		residential lease after a tenant's death.
8	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	14		SECTION 1. Subchapter A, Chapter 92, Property Code, is
10	15		amended by adding Section 92.0162 to read as follows:
11	16		Sec. 92.0162. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
12	17		TENANT'S DEATH. (a) A representative of the estate of a tenant who
13	18		dies before the expiration of the tenant's lease and was, at the
14	19		time of the tenant's death, the sole occupant of a rental dwelling
15	20		may terminate the tenant's rights and obligations under the lease
16	21		and may vacate the leased premises and avoid liability for future
17	22		rent and any other sums due under the lease for terminating the
18	23		lease and vacating the leased premises before the end of the lease
19	24		term if:
20	25		(1) the representative provides to the landlord or the
21	26		landlord's agent written notice of the termination of the lease
22	27		under this section;
23	28		(2) the deceased tenant's property is removed from the
24	29		leased premises in accordance with Section 92.014(c) or (d); and
25	30		(3) the representative signs an inventory of the
26	31		removed property, if required by the landlord or the landlord's
27	32		agent.
28	33		(b) Termination of a lease under this section is effective
29	34		on the later of:
30	35		(1) the 30th day after the date on which the notice
31	36		under Subsection (a) was provided; or
32	37		(2) the date on which all of the conditions in
33	38		Subsection (a) have been met.
34	39		(c) After receipt of the notice provided under Subsection
35	40		(a), the landlord shall provide a copy of the written lease
36	41		agreement to the person who provided the notice on written request
37	42		of that person.
38	43		(d) This section does not affect the obligations or
39	44		liability of the tenant or the tenant's estate under the lease
40	45		before the lease is terminated under this section, including the
41	46		liability of the tenant or the tenant's estate for:
42	47		(1) delinquent, unpaid rent; and
43	48		(2) damages to the leased premises not caused by
44	49		normal wear and tear.
45	50		(e) A landlord or landlord's agent who lawfully permits a
46	51		person described by Subsection (a) to enter or facilitates the
47	52		person's entry into the leased premises under this section is not
48	53		liable for an act or omission that arises in connection with
49	54		permitting or facilitating the entry.
50	55		SECTION 2. Section 92.0162, Property Code, as added by this
51	56		Act, applies only to a lease agreement entered into on or after the
52	57		effective date of this Act. A lease agreement entered into before
53	58		the effective date of this Act is governed by the law in effect at
54	59		the time the lease agreement was entered into, and the former law is
55	60		continued in effect for that purpose.
56	61		SECTION 3. This Act takes effect January 1, 2020.
57		-	______________________________ ______________________________
58		-	President of the Senate Speaker of the House
59		-	I certify that H.B. No. 69 was passed by the House on April
60		-	25, 2019, by the following vote: Yeas 116, Nays 12, 2 present, not
61		-	voting.
62		-	______________________________
63		-	Chief Clerk of the House
64		-	I certify that H.B. No. 69 was passed by the Senate on May 22,
65		-	2019, by the following vote: Yeas 31, Nays 0.
66		-	______________________________
67		-	Secretary of the Senate
68		-	APPROVED: _____________________
69		-	Date
70		-	_____________________
71		-	Governor
	62	+	* * * * *