Texas 2023 88th Regular

Texas House Bill HB3536 Engrossed / Bill

Filed 05/09/2023

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                    88R13568 SHH-F
 By: Manuel H.B. No. 3536


 A BILL TO BE ENTITLED
 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 is not in compliance with:
 (A)  Chapter 455, Occupations Code; or
 (B)  an applicable local ordinance relating to the
 licensing or regulation of a massage establishment.
 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.