88R4515 DRS-D
By: Creighton S.B. No. 986
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a local government to regulate
evictions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 24, Property Code, is amended by adding
Section 24.0041 to read as follows:
Sec. 24.0041. AUTHORITY OF LOCAL GOVERNMENTS TO REGULATE
EVICTIONS. Notwithstanding any other law, a municipality or county
may not adopt or enforce an ordinance, order, or other measure that:
(1) prohibits, restricts, or delays:
(A) delivery of a notice to vacate; or
(B) filing of a suit to recover possession of the
premises under this chapter; or
(2) otherwise relates to an eviction suit under this
chapter.
SECTION 2. Section 24.005(e), Property Code, is amended to
read as follows:
(e) If the lease or applicable federal law requires the
landlord to give a tenant an opportunity to respond to a notice of
proposed eviction, a notice to vacate may not be given until the
period provided for the tenant to respond to the eviction notice has
expired.
SECTION 3. The changes in law made by this Act apply only to
an eviction suit in which the notice to vacate is given on or after
the effective date of this Act. An eviction suit in which the
notice to vacate is given before the effective date of this Act is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.