Texas 2023 - 88th Regular

Texas House Bill HB3536

Filed
3/6/23  
Out of House Committee
5/2/23  
Voted on by House
5/9/23  
Out of Senate Committee
5/17/23  
Voted on by Senate
5/19/23  
Governor Action
6/11/23  

Caption

Relating to a commercial landlord's remedies regarding certain unlawful activities on the premises of commercial rental property.

Impact

The implications of HB 3536 are significant for the landlord-tenant dynamic in commercial properties. Upon its enactment, landlords will gain clearer legal rights to terminate leases and take action against tenants whose operations violate specific legal standards. This change may encourage more proactive management of rental properties and help to uphold community standards by targeting illicit activities. However, it raises questions about the balance between landlords' rights and tenants' protections, potentially affecting tenant rights under previous laws.

Summary

House Bill 3536 aims to amend the Texas Property Code to enhance the rights of commercial landlords in ejecting tenants involved in unlawful activities, specifically targeting massage establishments operating in violation of state law. This legislative move is designed to ensure that landlords can more easily evict tenants who engage in activities like prostitution, human trafficking, and operating unlicensed massage businesses. Proponents argue that this bill rectifies current laws that make it challenging for landlords to remove such tenants and protect their properties from becoming nuisances.

Sentiment

The sentiment surrounding HB 3536 is largely supportive among commercial landlords and associations who see it as a necessary step to combat illicit activities that tarnish their properties and reputations. Testimonies from industry representatives during committee discussions emphasized the need for stronger protections, reflecting a favorable view of the bill. Nonetheless, there is an underlying concern among tenant rights advocates who fear that the bill could lead to potential misuse and may unfairly penalize tenants based on ambiguous definitions of unlawful activities.

Contention

While proponents argue for the necessity of such measures to safeguard commercial property and community standards, opponents contend that the bill may enable landlords to exercise excessive power over their tenants. Concerns include the potential for wrongful eviction or the targeting of specific businesses that may be operating legally but could be perceived as illicit. The debate emphasizes the need to strike an appropriate balance between enhancing landlord protections and ensuring fair treatment and rights for tenants.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 93. Commercial Tenancies
    • Section: 013
    • Section: 013
    • Section: 013
    • Section: 013
    • Section: 013

Penal Code

  • Chapter 43. Public Indecency
    • Section: New Section
    • Section: New Section
    • Section: 05
  • Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
    • Section: New Section

Occupations Code

  • Chapter 455. Massage Therapy
    • Section: New Section
    • Section: New Section

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.