| 1 | 1 | | By: Creighton, et al. S.B. No. 986 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of a local government to regulate |
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| 7 | 7 | | evictions. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 24, Property Code, is amended by adding |
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| 10 | 10 | | Section 24.0041 to read as follows: |
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| 11 | 11 | | Sec. 24.0041. AUTHORITY OF LOCAL GOVERNMENTS TO REGULATE |
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| 12 | 12 | | EVICTIONS. Notwithstanding any other law, a municipality or county |
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| 13 | 13 | | may not adopt or enforce an ordinance, order, or other measure that: |
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| 14 | 14 | | (1) prohibits, restricts, or delays: |
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| 15 | 15 | | (A) delivery of a notice to vacate; or |
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| 16 | 16 | | (B) filing of a suit to recover possession of the |
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| 17 | 17 | | premises under this chapter; or |
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| 18 | 18 | | (2) otherwise relates to an eviction suit under this |
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| 19 | 19 | | chapter. |
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| 20 | 20 | | SECTION 2. Section 24.005(e), Property Code, is amended to |
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| 21 | 21 | | read as follows: |
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| 22 | 22 | | (e) If the lease or applicable federal law requires the |
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| 23 | 23 | | landlord to give a tenant an opportunity to respond to a notice of |
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| 24 | 24 | | proposed eviction, a notice to vacate may not be given until the |
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| 25 | 25 | | period provided for the tenant to respond to the eviction notice has |
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| 26 | 26 | | expired. |
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| 27 | 27 | | SECTION 3. The changes in law made by this Act apply only to |
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| 28 | 28 | | an eviction suit in which the notice to vacate is given on or after |
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| 29 | 29 | | the effective date of this Act. An eviction suit in which the |
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| 30 | 30 | | notice to vacate is given before the effective date of this Act is |
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| 31 | 31 | | governed by the law as it existed immediately before the effective |
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| 32 | 32 | | date of this Act, and that law is continued in effect for that |
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| 33 | 33 | | purpose. |
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| 34 | 34 | | SECTION 4. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2023. |
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