| 1 | 1 | | 86R7242 PMO-D |
|---|
| 2 | 2 | | By: Deshotel H.B. No. 919 |
|---|
| 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 a copy of |
|---|
| 20 | 20 | | one or more of the following orders protecting the tenant or an |
|---|
| 21 | 21 | | occupant from family violence: |
|---|
| 22 | 22 | | (1) a temporary injunction issued under Subchapter F, |
|---|
| 23 | 23 | | Chapter 6, Family Code; |
|---|
| 24 | 24 | | (2) a temporary ex parte order issued under Chapter |
|---|
| 25 | 25 | | 83, Family Code; [or] |
|---|
| 26 | 26 | | (3) a protective order issued under Chapter 85, Family |
|---|
| 27 | 27 | | Code; or |
|---|
| 28 | 28 | | (4) a magistrate's order for emergency protection |
|---|
| 29 | 29 | | under Article 17.292, Code of Criminal Procedure. |
|---|
| 30 | 30 | | (c) A tenant may exercise the rights to terminate the lease |
|---|
| 31 | 31 | | under Subsection (b), vacate the dwelling before the end of the |
|---|
| 32 | 32 | | lease term, and avoid liability beginning on the date after all of |
|---|
| 33 | 33 | | the following events have occurred: |
|---|
| 34 | 34 | | (1) a judge or magistrate, as applicable, signs an |
|---|
| 35 | 35 | | order described by Subsection (b-1) [(b)]; |
|---|
| 36 | 36 | | (2) the tenant provides a copy of the relevant |
|---|
| 37 | 37 | | documentation described by Subsection (b-1) [(b)] to the landlord; |
|---|
| 38 | 38 | | (3) the tenant provides written notice of termination |
|---|
| 39 | 39 | | of the lease to the landlord on or before the 30th day before the |
|---|
| 40 | 40 | | date the lease terminates; |
|---|
| 41 | 41 | | (4) the 30th day after the date the tenant provided |
|---|
| 42 | 42 | | notice under Subdivision (3) expires; and |
|---|
| 43 | 43 | | (5) the tenant vacates the dwelling. |
|---|
| 44 | 44 | | (c-1) If the family violence is committed by a cotenant or |
|---|
| 45 | 45 | | occupant of the dwelling, a tenant may exercise the right to |
|---|
| 46 | 46 | | terminate the lease under the procedures provided by Subsection |
|---|
| 47 | 47 | | (b-1)(1), (3), or (4) [(b)(1) or (3)] and Subsection (c), except |
|---|
| 48 | 48 | | that the tenant is not required to provide the notice described by |
|---|
| 49 | 49 | | Subsection (c)(3). |
|---|
| 50 | 50 | | SECTION 2. Section 92.016, Property Code, as amended by |
|---|
| 51 | 51 | | this Act, applies only to a lease entered into or renewed on or |
|---|
| 52 | 52 | | after the effective date of this Act. A lease entered into or |
|---|
| 53 | 53 | | renewed before the effective date of this Act is governed by the law |
|---|
| 54 | 54 | | as it existed immediately before the effective date of this Act, and |
|---|
| 55 | 55 | | that law is continued in effect for that purpose. |
|---|
| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2019. |
|---|