89R5181 RAL-D
By: Meza H.B. No. 2184
A BILL TO BE ENTITLED
AN ACT
relating to a tenant's right to terminate a residential lease
following certain outages of essential utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0175 to read as follows:
Sec. 92.0175. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
OUTAGE OF ESSENTIAL UTILITY. (a) In this section, "essential
utility" means:
(1) electricity;
(2) natural gas; or
(3) water.
(b) Notwithstanding any other law and except as provided by
Subsection (c), a tenant of a dwelling that does not have an
essential utility due to an outage caused directly or indirectly by
severe weather conditions may terminate the tenant's lease, vacate
the dwelling, and avoid liability for future rent and any other sums
due under the lease for terminating the lease and vacating the
dwelling before the end of the lease term if:
(1) the tenant notifies the landlord in writing of the
interruption of the essential utility;
(2) the essential utility has not been restored before
48 hours after the tenant notified the landlord; and
(3) the tenant notifies the landlord in writing of the
tenant's intent to immediately terminate the lease because the
essential utility was not restored.
(c) This section does not apply during the period a dwelling
does not have an essential utility because a utility service
provider intentionally interrupted provision of a utility service.
(d) This section does not affect the obligations or
liability of the tenant under the lease before the lease is
terminated under this section, including the liability of the
tenant for:
(1) delinquent, unpaid rent; and
(2) damages to the leased premises not caused by
normal wear and tear.
SECTION 2. Section 92.0175, Property Code, as added by this
Act, applies only to a lease agreement entered into or renewed on or
after the effective date of this Act.
SECTION 3. This Act takes effect January 1, 2026.