H.B. No. 3536
AN ACT
relating to a commercial landlord's remedies regarding certain
unlawful activities on the premises of commercial rental property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 93.013(a), Property Code, is amended to
read as follows:
(a) Notwithstanding a provision in a lease to the contrary,
a tenant's right of possession terminates and the landlord has a
right to recover possession of the leased premises if the tenant is
using the premises or allowing the premises to be used for the
purposes of:
(1) prostitution as described by Section 43.02, Penal
Code, solicitation of prostitution as described by Section 43.021,
Penal Code, promotion of prostitution as described by Section
43.03, Penal Code, aggravated promotion of prostitution as
described by Section 43.04, Penal Code, or compelling prostitution
as described by Section 43.05, Penal Code;
(2) [, or] trafficking of persons as described by
Section 20A.02, Penal Code; or
(3) operating, maintaining, or advertising a massage
establishment, as defined by Section 455.001, Occupations Code,
that:
(A) is not exempt from licensing requirements
under state or federal law and:
(i) has never been issued a license by the
Texas Department of Licensing and Regulation; or
(ii) the license for which was suspended,
revoked, or refused renewal by the Texas Department of Licensing
and Regulation after the establishment obtained a right of
possession in the leased premises; or
(B) was issued a citation, administrative
penalty, civil penalty, or other civil or criminal sanction for:
(i) violating a local ordinance that
relates to an offense listed in Subdivision (1) or (2) of this
subsection;
(ii) operating a sexually oriented
business; or
(iii) violating Section 455.202,
Occupations Code.
SECTION 2. The changes in law made by this Act apply only to
a commercial lease that is entered into or renewed on or after the
effective date of this Act. A commercial lease that is entered into
or renewed before the effective date of this Act is governed by the
law applicable to the lease immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3536 was passed by the House on May 9,
2023, by the following vote: Yeas 129, Nays 13, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3536 on May 24, 2023, by the following vote: Yeas 124, Nays 21,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3536 was passed by the Senate, with
amendments, on May 19, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor