H.B. No. 534
 
 
 
 
AN ACT
  relating to the liability of certain guarantors under a residential
  lease.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 92, Property Code, is
  amended by adding Section 92.021 to read as follows:
         Sec. 92.021.  LIABILITY OF CERTAIN GUARANTORS UNDER LEASE.
  (a) A person other than a tenant who guarantees a lease is liable
  only for the original lease term except that a person may specify
  that the person agrees to guarantee a renewal of the lease as
  provided by Subsection (b).
         (b)  A person may specify in writing in an original lease
  that the person will guarantee a renewal of the lease only if the
  original lease states:
               (1)  the last date, as specified by the guarantor, on
  which the renewal of the lease will renew the obligation of the
  guarantor;
               (2)  that the guarantor is liable under a renewal of the
  lease that occurs on or before that date; and
               (3)  that the guarantor is liable under a renewal of the
  lease only if the renewal:
                     (A)  involves the same parties as the original
  lease; and
                     (B)  does not increase the guarantor's potential
  financial obligation for rent that existed under the original
  lease.
         (c)  Subsection (b) does not prohibit a guarantor from
  voluntarily entering into an agreement at the time of the renewal of
  a lease, in a separate written document, to guarantee an increased
  amount of rent.
         (d)  This section does not release a guarantor from the
  obligations of the guarantor under the terms of the original lease
  or a valid renewal for costs and damages owed to the lessor that
  arise after the date specified by the guarantor in the original
  lease in accordance with Subsection (b), if the costs or damages
  relate to actions of the tenant before that date or arise as a
  result of the tenant refusing to vacate the leased premises.
         SECTION 2.  The changes in law made by this Act apply only to
  a lease agreement that is executed or renewed on or after the
  effective date of this Act. A lease agreement that is executed or
  renewed before the effective date of this Act is governed by the law
  in effect at the time the lease agreement was executed or renewed,
  and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect January 1, 2010.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 534 was passed by the House on May 15,
  2009, by the following vote:  Yeas 140, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 534 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor