Texas 2023 - 88th Regular

Texas House Bill HB3536 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3536
2	2
3	3
4	4	AN ACT
5	5	relating to a commercial landlord's remedies regarding certain
6	6	unlawful activities on the premises of commercial rental property.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 93.013(a), Property Code, is amended to
9	9	read as follows:
10	10	(a) Notwithstanding a provision in a lease to the contrary,
11	11	a tenant's right of possession terminates and the landlord has a
12	12	right to recover possession of the leased premises if the tenant is
13	13	using the premises or allowing the premises to be used for the
14	14	purposes of:
15	15	(1) prostitution as described by Section 43.02, Penal
16	16	Code, solicitation of prostitution as described by Section 43.021,
17	17	Penal Code, promotion of prostitution as described by Section
18	18	43.03, Penal Code, aggravated promotion of prostitution as
19	19	described by Section 43.04, Penal Code, or compelling prostitution
20	20	as described by Section 43.05, Penal Code;
21	21	(2) [, or] trafficking of persons as described by
22	22	Section 20A.02, Penal Code; or
23	23	(3) operating, maintaining, or advertising a massage
24	24	establishment, as defined by Section 455.001, Occupations Code,
25	25	that:
26	26	(A) is not exempt from licensing requirements
27	27	under state or federal law and:
28	28	(i) has never been issued a license by the
29	29	Texas Department of Licensing and Regulation; or
30	30	(ii) the license for which was suspended,
31	31	revoked, or refused renewal by the Texas Department of Licensing
32	32	and Regulation after the establishment obtained a right of
33	33	possession in the leased premises; or
34	34	(B) was issued a citation, administrative
35	35	penalty, civil penalty, or other civil or criminal sanction for:
36	36	(i) violating a local ordinance that
37	37	relates to an offense listed in Subdivision (1) or (2) of this
38	38	subsection;
39	39	(ii) operating a sexually oriented
40	40	business; or
41	41	(iii) violating Section 455.202,
42	42	Occupations Code.
43	43	SECTION 2. The changes in law made by this Act apply only to
44	44	a commercial lease that is entered into or renewed on or after the
45	45	effective date of this Act. A commercial lease that is entered into
46	46	or renewed before the effective date of this Act is governed by the
47	47	law applicable to the lease immediately before the effective date
48	48	of this Act, and that law is continued in effect for that purpose.
49	49	SECTION 3. This Act takes effect September 1, 2023.
50	50	______________________________ ______________________________
51	51	President of the Senate Speaker of the House
52	52	I certify that H.B. No. 3536 was passed by the House on May 9,
53	53	2023, by the following vote: Yeas 129, Nays 13, 2 present, not
54	54	voting; and that the House concurred in Senate amendments to H.B.
55	55	No. 3536 on May 24, 2023, by the following vote: Yeas 124, Nays 21,
56	56	1 present, not voting.
57	57	______________________________
58	58	Chief Clerk of the House
59	59	I certify that H.B. No. 3536 was passed by the Senate, with
60	60	amendments, on May 19, 2023, by the following vote: Yeas 31, Nays
61	61	0.
62	62	______________________________
63	63	Secretary of the Senate
64	64	APPROVED: __________________
65	65	Date
66	66	__________________
67	67	Governor