Texas 2025 - 89th Regular

Texas House Bill HB4179 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R11927 JBD-D
2	2	By: LaHood H.B. No. 4179
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the right of first responders and their dependents to
10	10	vacate and avoid liability under a residential lease.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 92.006(g), Property Code, is amended to
13	13	read as follows:
14	14	(g) A tenant's right to vacate a dwelling and avoid
15	15	liability under Section 92.016, [or] 92.017, or 92.0171 may not be
16	16	waived by a tenant or a landlord, except as provided by those
17	17	sections.
18	18	SECTION 2. Subchapter A, Chapter 92, Property Code, is
19	19	amended by adding Section 92.0171 to read as follows:
20	20	Sec. 92.0171. RIGHT TO VACATE AND AVOID LIABILITY RELATED
21	21	TO EMPLOYMENT AS FIRST RESPONDER. (a) In this section:
22	22	(1) "Dependent," with respect to a first responder,
23	23	means:
24	24	(A) the first responder's spouse;
25	25	(B) the first responder's child; or
26	26	(C) an individual for whom the first responder
27	27	provided more than one-half of the individual's support for 180
28	28	days immediately preceding an application for relief under this
29	29	section.
30	30	(2) "First responder" has the meaning assigned by
31	31	Section 78A.001, Civil Practice and Remedies Code.
32	32	(b) A tenant who is a first responder or a dependent of a
33	33	first responder may vacate the dwelling leased by the tenant and
34	34	avoid liability for future rent and all other sums due under the
35	35	lease for terminating the lease and vacating the dwelling before
36	36	the end of the lease term if:
37	37	(1) the lease was executed by or on behalf of a person
38	38	who, after executing the lease or during the term of the lease,
39	39	becomes employed as a first responder; or
40	40	(2) a first responder, while employed as a first
41	41	responder, executes the lease and after executing the lease
42	42	receives instructions:
43	43	(A) to make a permanent residency change as a
44	44	condition of continued employment as a first responder; or
45	45	(B) to respond to a state of disaster or state of
46	46	emergency declared by the governor or the president of the United
47	47	States for a period of not less than 90 consecutive days.
48	48	(c) A tenant who terminates a lease under Subsection (b)
49	49	shall deliver to the landlord or landlord's agent:
50	50	(1) a written notice of termination of the lease; and
51	51	(2) a copy of an appropriate document providing
52	52	evidence of the date of the tenant's employment as a first responder
53	53	if Subsection (b)(1) applies or a copy of the first responder's
54	54	instructions to make a permanent residency change or respond to a
55	55	state of disaster or state of emergency if Subsection (b)(2)
56	56	applies.
57	57	(d) Termination of a lease under this section is effective:
58	58	(1) in the case of a lease that provides for monthly
59	59	payment of rent, on the 30th day after the first date on which the
60	60	next rental payment is due after the date on which the notice under
61	61	Subsection (c)(1) is delivered; or
62	62	(2) in the case of a lease other than a lease described
63	63	by Subdivision (1), on the last day of the month following the month
64	64	in which the notice under Subsection (c)(1) is delivered.
65	65	(e) A landlord, not later than the 30th day after the
66	66	effective date of the termination of a lease under this section,
67	67	shall refund to the residential tenant terminating the lease under
68	68	Subsection (b) all rent or other amounts paid in advance under the
69	69	lease for any period after the effective date of the termination of
70	70	the lease.
71	71	(f) Except as provided by Subsection (g), this section does
72	72	not affect a tenant's liability for delinquent, unpaid rent or
73	73	other sums owed to the landlord before the lease was terminated by
74	74	the tenant under this section.
75	75	(g) A tenant who terminates a lease under Subsection (b) is
76	76	released from all liability for any delinquent, unpaid rent owed to
77	77	the landlord by the tenant on the effective date of the lease
78	78	termination if the lease does not contain language substantially
79	79	equivalent to the following:
80	80	"Tenants may have special statutory rights to terminate the
81	81	lease early in certain situations involving employment as a first
82	82	responder."
83	83	(h) A landlord who violates this section is liable to the
84	84	tenant for actual damages, an amount equal to the amount of one
85	85	month's rent plus $500, and attorney's fees.
86	86	(i) Except as provided by Subsection (j), a tenant's right
87	87	to terminate a lease before the end of the lease term, vacate the
88	88	dwelling, and avoid liability under this section may not be waived
89	89	by a tenant.
90	90	(j) A tenant and a landlord may agree that the tenant waives
91	91	a tenant's rights under this section if the tenant or any dependent
92	92	living with the tenant moves into housing provided to first
93	93	responders or other housing within 30 miles of the dwelling. A
94	94	waiver under this section must be signed and in writing in at least
95	95	12-point type in a document separate from the lease. A waiver under
96	96	this section does not apply if:
97	97	(1) the tenant or the tenant's dependent moves into
98	98	housing owned or occupied by family or relatives of the tenant or
99	99	the tenant's dependent; or
100	100	(2) the tenant and the tenant's dependent move, wholly
101	101	or partly, because of a significant financial loss of income caused
102	102	by the tenant's employment as a first responder.
103	103	(k) For purposes of Subsection (j), "significant financial
104	104	loss of income" means a reduction of 10 percent or more of the
105	105	tenant's household income caused by the tenant's employment as a
106	106	first responder. A landlord is entitled to verify the significant
107	107	financial loss of income in order to determine whether a tenant is
108	108	entitled to terminate a lease if the tenant has signed a waiver
109	109	under this section and moves within 30 miles of the dwelling into
110	110	housing that is not owned or occupied by family or relatives of the
111	111	tenant or the tenant's dependent. For purposes of this subsection,
112	112	a pay stub or other statement of earnings issued by the tenant's
113	113	employer is sufficient verification.
114	114	SECTION 3. Section 92.0171, Property Code, as added by this
115	115	Act, applies only to a lease that is entered into or renewed on or
116	116	after the effective date of this Act.
117	117	SECTION 4. This Act takes effect September 1, 2025.