| 1 | 1 | | 89R532 PRL-F |
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| 2 | 2 | | By: Isaac H.B. No. 2879 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the justified use of force, including deadly force, by |
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| 10 | 10 | | certain persons on certain residential property or manufactured |
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| 11 | 11 | | home community property. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 82.002(c-1), Property Code, is amended |
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| 14 | 14 | | to read as follows: |
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| 15 | 15 | | (c-1) Sections [Section] 82.121 and 82.122 apply [applies] |
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| 16 | 16 | | to a condominium for which the declaration was recorded before |
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| 17 | 17 | | January 1, 1994. |
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| 18 | 18 | | SECTION 2. Subchapter C, Chapter 82, Property Code, is |
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| 19 | 19 | | amended by adding Section 82.122 to read as follows: |
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| 20 | 20 | | Sec. 82.122. JUSTIFIED USE OF FORCE ON CONDOMINIUM |
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| 21 | 21 | | PROPERTY. (a) An association or board may not levy a fine or |
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| 22 | 22 | | otherwise take adverse action against a unit owner based on the use |
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| 23 | 23 | | of force, including deadly force, that is justified under Chapter |
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| 24 | 24 | | 9, Penal Code, on condominium property by: |
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| 25 | 25 | | (1) the unit owner; |
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| 26 | 26 | | (2) a tenant or guest of the unit owner; or |
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| 27 | 27 | | (3) a guest of a tenant of the unit owner. |
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| 28 | 28 | | (b) For purposes of this section, there is an irrebuttable |
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| 29 | 29 | | presumption that a person's use of force is justified if: |
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| 30 | 30 | | (1) the person is found not guilty of each offense |
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| 31 | 31 | | arising out of the use of force with which the person is charged; |
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| 32 | 32 | | (2) a grand jury declines to indict the person for an |
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| 33 | 33 | | offense arising out of the use of force; or |
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| 34 | 34 | | (3) the prosecutor having jurisdiction to prosecute an |
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| 35 | 35 | | offense arising out of the use of force declines to prosecute the |
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| 36 | 36 | | person who used the force for an offense arising out of the use of |
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| 37 | 37 | | force. |
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| 38 | 38 | | (c) This section applies notwithstanding any provision of a |
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| 39 | 39 | | dedicatory instrument to the contrary and regardless of the date of |
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| 40 | 40 | | the provision's adoption. |
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| 41 | 41 | | SECTION 3. Subchapter A, Chapter 92, Property Code, is |
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| 42 | 42 | | amended by adding Section 92.027 to read as follows: |
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| 43 | 43 | | Sec. 92.027. JUSTIFIED USE OF FORCE ON LEASED PREMISES. (a) |
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| 44 | 44 | | A landlord may not evict or threaten to evict a tenant based on the |
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| 45 | 45 | | use of force, including deadly force, that is justified under |
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| 46 | 46 | | Chapter 9, Penal Code, on the premises by: |
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| 47 | 47 | | (1) the tenant; or |
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| 48 | 48 | | (2) a guest of the tenant. |
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| 49 | 49 | | (b) For purposes of this section, there is an irrebuttable |
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| 50 | 50 | | presumption that a person's use of force is justified if: |
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| 51 | 51 | | (1) the person is found not guilty of each offense |
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| 52 | 52 | | arising out of the use of force with which the person is charged; |
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| 53 | 53 | | (2) a grand jury declines to indict the person for an |
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| 54 | 54 | | offense arising out of the use of force; or |
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| 55 | 55 | | (3) the prosecutor having jurisdiction to prosecute an |
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| 56 | 56 | | offense arising out of the use of force declines to prosecute the |
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| 57 | 57 | | person who used the force for an offense arising out of the use of |
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| 58 | 58 | | force. |
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| 59 | 59 | | SECTION 4. Subchapter F, Chapter 94, Property Code, is |
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| 60 | 60 | | amended by adding Section 94.258 to read as follows: |
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| 61 | 61 | | Sec. 94.258. JUSTIFIED USE OF FORCE ON LEASED PREMISES. (a) |
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| 62 | 62 | | A landlord may not evict or threaten to evict a tenant based on the |
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| 63 | 63 | | use of force, including deadly force, that is justified under |
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| 64 | 64 | | Chapter 9, Penal Code, on the premises by: |
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| 65 | 65 | | (1) the tenant; or |
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| 66 | 66 | | (2) a guest of the tenant. |
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| 67 | 67 | | (b) For purposes of this section, there is an irrebuttable |
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| 68 | 68 | | presumption that a person's use of force is justified if: |
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| 69 | 69 | | (1) the person is found not guilty of each offense |
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| 70 | 70 | | arising out of the use of force with which the person is charged; |
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| 71 | 71 | | (2) a grand jury declines to indict the person for an |
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| 72 | 72 | | offense arising out of the use of force; or |
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| 73 | 73 | | (3) the prosecutor having jurisdiction to prosecute an |
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| 74 | 74 | | offense arising out of the use of force declines to prosecute the |
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| 75 | 75 | | person who used the force for an offense arising out of the use of |
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| 76 | 76 | | force. |
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| 77 | 77 | | SECTION 5. Sections 92.027 and 94.258, Property Code, as |
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| 78 | 78 | | added by this Act, do not affect the enforceability of a provision |
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| 79 | 79 | | in a lease agreement entered into or renewed before the effective |
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| 80 | 80 | | date of this Act. |
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| 81 | 81 | | SECTION 6. This Act takes effect September 1, 2025. |
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