89R532 PRL-F
By: Isaac H.B. No. 2879
A BILL TO BE ENTITLED
AN ACT
relating to the justified use of force, including deadly force, by
certain persons on certain residential property or manufactured
home community property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 82.002(c-1), Property Code, is amended
to read as follows:
(c-1) Sections [Section] 82.121 and 82.122 apply [applies]
to a condominium for which the declaration was recorded before
January 1, 1994.
SECTION 2. Subchapter C, Chapter 82, Property Code, is
amended by adding Section 82.122 to read as follows:
Sec. 82.122. JUSTIFIED USE OF FORCE ON CONDOMINIUM
PROPERTY. (a) An association or board may not levy a fine or
otherwise take adverse action against a unit owner based on the use
of force, including deadly force, that is justified under Chapter
9, Penal Code, on condominium property by:
(1) the unit owner;
(2) a tenant or guest of the unit owner; or
(3) a guest of a tenant of the unit owner.
(b) For purposes of this section, there is an irrebuttable
presumption that a person's use of force is justified if:
(1) the person is found not guilty of each offense
arising out of the use of force with which the person is charged;
(2) a grand jury declines to indict the person for an
offense arising out of the use of force; or
(3) the prosecutor having jurisdiction to prosecute an
offense arising out of the use of force declines to prosecute the
person who used the force for an offense arising out of the use of
force.
(c) This section applies notwithstanding any provision of a
dedicatory instrument to the contrary and regardless of the date of
the provision's adoption.
SECTION 3. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.027 to read as follows:
Sec. 92.027. JUSTIFIED USE OF FORCE ON LEASED PREMISES. (a)
A landlord may not evict or threaten to evict a tenant based on the
use of force, including deadly force, that is justified under
Chapter 9, Penal Code, on the premises by:
(1) the tenant; or
(2) a guest of the tenant.
(b) For purposes of this section, there is an irrebuttable
presumption that a person's use of force is justified if:
(1) the person is found not guilty of each offense
arising out of the use of force with which the person is charged;
(2) a grand jury declines to indict the person for an
offense arising out of the use of force; or
(3) the prosecutor having jurisdiction to prosecute an
offense arising out of the use of force declines to prosecute the
person who used the force for an offense arising out of the use of
force.
SECTION 4. Subchapter F, Chapter 94, Property Code, is
amended by adding Section 94.258 to read as follows:
Sec. 94.258. JUSTIFIED USE OF FORCE ON LEASED PREMISES. (a)
A landlord may not evict or threaten to evict a tenant based on the
use of force, including deadly force, that is justified under
Chapter 9, Penal Code, on the premises by:
(1) the tenant; or
(2) a guest of the tenant.
(b) For purposes of this section, there is an irrebuttable
presumption that a person's use of force is justified if:
(1) the person is found not guilty of each offense
arising out of the use of force with which the person is charged;
(2) a grand jury declines to indict the person for an
offense arising out of the use of force; or
(3) the prosecutor having jurisdiction to prosecute an
offense arising out of the use of force declines to prosecute the
person who used the force for an offense arising out of the use of
force.
SECTION 5. Sections 92.027 and 94.258, Property Code, as
added by this Act, do not affect the enforceability of a provision
in a lease agreement entered into or renewed before the effective
date of this Act.
SECTION 6. This Act takes effect September 1, 2025.