Texas 2019 - 86th Regular

Texas Senate Bill SB234 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 234
	1	+	By: Nelson S.B. No. 234
	2	+	(Morrison, Rodriguez, Herrero, Deshotel, Meza)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the right to vacate and avoid residential lease
6	8		liability following the occurrence of family violence.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 92.016, Property Code, is amended by
9	11		amending Subsections (b), (c), and (c-1) and adding Subsection
10	12		(b-1) to read as follows:
11	13		(b) A tenant may terminate the tenant's rights and
12	14		obligations under a lease and may vacate the dwelling and avoid
13	15		liability for future rent and any other sums due under the lease for
14	16		terminating the lease and vacating the dwelling before the end of
15	17		the lease term if the tenant complies with Subsection (c).
16	18		(b-1) A tenant may obtain relief under Subsection (b) if the
17	19		tenant [and] provides the landlord or the landlord's agent:
18	20		(1) a copy of one or more of the following orders
19	21		protecting the tenant or an occupant from family violence:
20	22		(A) [(1)] a temporary injunction issued under
21	23		Subchapter F, Chapter 6, Family Code;
22	24		(B) [(2)] a temporary ex parte order issued under
23	25		Chapter 83, Family Code; [or]
24	26		(C) [(3)] a protective order issued under
25	27		Chapter 85, Family Code; or
26	28		(D) an order of emergency protection under
27	29		Article 17.292, Code of Criminal Procedure; or
28	30		(2) a copy of documentation of the family violence
29	31		against the tenant or an occupant from:
30	32		(A) a licensed health care services provider who
31	33		examined the victim;
32	34		(B) a licensed mental health services provider
33	35		who examined or evaluated the victim; or
34	36		(C) an advocate as defined by Section 93.001,
35	37		Family Code, who assisted the victim.
36	38		(c) A tenant may exercise the rights to terminate the lease
37	39		under Subsection (b), vacate the dwelling before the end of the
38	40		lease term, and avoid liability beginning on the date after all of
39	41		the following events have occurred:
40	42		(1) a judge signs an order described by Subsection
41	43		(b-1)(1) if the tenant obtained such an order [(b)];
42	44		(2) the tenant provides a copy of the relevant
43	45		documentation described by Subsection (b-1)(1) or (2), as
44	46		applicable, [(b)] to the landlord;
45	47		(3) the tenant provides written notice of termination
46	48		of the lease to the landlord on or before the 30th day before the
47	49		date the lease terminates;
48	50		(4) the 30th day after the date the tenant provided
49	51		notice under Subdivision (3) expires; and
50	52		(5) the tenant vacates the dwelling.
51	53		(c-1) If the family violence is committed by a cotenant or
52	54		occupant of the dwelling, a tenant may exercise the right to
53	55		terminate the lease under the procedures provided by Subsection
54	56		(b-1)(1)(A), (C), or (D) or (b-1)(2) [(b)(1) or (3)] and Subsection
55	57		(c), except that the tenant is not required to provide the notice
56	58		described by Subsection (c)(3).
57	59		SECTION 2. Section 92.016, Property Code, as amended by
58	60		this Act, applies only to a lease entered into or renewed on or
59	61		after the effective date of this Act. A lease entered into or
60	62		renewed before the effective date of this Act is governed by the law
61	63		as it existed immediately before the effective date of this Act, and
62	64		that law is continued in effect for that purpose.
63	65		SECTION 3. This Act takes effect September 1, 2019.
64		-	______________________________ ______________________________
65		-	President of the Senate Speaker of the House
66		-	I hereby certify that S.B. No. 234 passed the Senate on
67		-	April 11, 2019, by the following vote: Yeas 31, Nays 0.
68		-	______________________________
69		-	Secretary of the Senate
70		-	I hereby certify that S.B. No. 234 passed the House on
71		-	April 26, 2019, by the following vote: Yeas 138, Nays 1,
72		-	two present not voting.
73		-	______________________________
74		-	Chief Clerk of the House
75		-	Approved:
76		-	______________________________
77		-	Date
78		-	______________________________
79		-	Governor