| 1 | 1 | | 87R11162 MWC-D |
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| 2 | 2 | | By: Meza H.B. No. 4059 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a tenant's right to terminate a residential lease |
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| 8 | 8 | | following certain outages of essential utilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 92, Property Code, is |
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| 11 | 11 | | amended by adding Section 92.0521 to read as follows: |
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| 12 | 12 | | Sec. 92.0521. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING |
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| 13 | 13 | | OUTAGE OF ESSENTIAL UTILITY. (a) In this section, "essential |
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| 14 | 14 | | utility" means: |
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| 15 | 15 | | (1) electricity; |
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| 16 | 16 | | (2) air conditioning; |
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| 17 | 17 | | (3) heat; |
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| 18 | 18 | | (4) natural gas; or |
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| 19 | 19 | | (5) water. |
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| 20 | 20 | | (b) Notwithstanding any other law and except as provided by |
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| 21 | 21 | | Subsection (c), a tenant of a dwelling that does not have an |
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| 22 | 22 | | essential utility due to an outage caused directly or indirectly by |
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| 23 | 23 | | severe weather conditions may terminate the tenant's lease, vacate |
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| 24 | 24 | | the dwelling, and avoid liability for future rent and any other sums |
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| 25 | 25 | | due under the lease for terminating the lease and vacating the |
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| 26 | 26 | | dwelling before the end of the lease term if: |
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| 27 | 27 | | (1) the tenant notifies the landlord in writing of the |
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| 28 | 28 | | interruption of the essential utility; |
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| 29 | 29 | | (2) the essential utility has not been restored before |
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| 30 | 30 | | 48 hours after the tenant notified the landlord; and |
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| 31 | 31 | | (3) the tenant notifies the landlord in writing of the |
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| 32 | 32 | | tenant's intent to immediately terminate the lease because the |
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| 33 | 33 | | essential utility was not restored. |
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| 34 | 34 | | (c) This section does not apply during the period a dwelling |
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| 35 | 35 | | does not have an essential utility because a utility service |
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| 36 | 36 | | provider intentionally interrupted provision of a utility service. |
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| 37 | 37 | | (d) This section does not affect the obligations or |
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| 38 | 38 | | liability of the tenant under the lease before the lease is |
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| 39 | 39 | | terminated under this section, including the liability of the |
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| 40 | 40 | | tenant for: |
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| 41 | 41 | | (1) delinquent, unpaid rent; and |
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| 42 | 42 | | (2) damages to the leased premises not caused by |
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| 43 | 43 | | normal wear and tear. |
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| 44 | 44 | | SECTION 2. Section 92.0521, Property Code, as added by this |
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| 45 | 45 | | Act, applies only to a lease agreement entered into or renewed on or |
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| 46 | 46 | | after the effective date of this Act. |
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| 47 | 47 | | SECTION 3. This Act takes effect January 1, 2022. |
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