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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights and responsibilities of residential tenants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Sections 92.021 through 92.026 to read as |
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follows: |
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Sec. 92.021. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING |
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LOSS OF EMPLOYMENT OR VIOLENT CRIME. (a) A tenant may terminate |
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the tenant's rights and obligations under a lease and may vacate the |
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dwelling and avoid liability for future rent and any other sums due |
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under the lease for terminating the lease and vacating the dwelling |
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before the end of the lease term if the tenant complies with |
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Subsection (b) or (c). |
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(b) A tenant may exercise the rights under Subsection (a) to |
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terminate the lease, vacate the dwelling before the end of the lease |
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term, and avoid liability beginning on the earliest date on which |
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all of the following events have occurred: |
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(1) the tenant is terminated, without the fault of the |
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tenant, from employment that provided the majority of the income |
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for the household; |
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(2) the tenant has delivered a notice describing the |
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loss of employment and giving contact information for the tenant's |
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former employer to enable the landlord to confirm the reason for the |
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termination; and |
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(3) the tenant has vacated the dwelling. |
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(c) A tenant may exercise the rights under Subsection (a) to |
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terminate the lease, vacate the dwelling before the end of the lease |
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term, and avoid liability beginning on the earliest date on which |
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all of the following events have occurred: |
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(1) the leased premises were the scene of a violent |
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criminal act without the fault of the tenant; |
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(2) the tenant has delivered a notice terminating the |
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lease with a copy of a report from the police department describing |
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the act; and |
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(3) the tenant has vacated the dwelling. |
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(d) Except as provided by Subsection (f), this section does |
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not affect a tenant's liability for delinquent, unpaid rent or |
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other sums owed to the landlord before the lease was terminated by |
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the tenant under this section. |
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(e) A landlord who violates this section is liable to the |
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tenant for actual damages, a civil penalty in an amount equal to one |
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month's rent plus $500, and reasonable attorney's fees. |
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(f) A tenant who terminates a lease under this section is |
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released from all liability for any delinquent, unpaid rent owed to |
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the landlord by the tenant on the effective date of the lease |
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termination if the lease does not contain language substantially |
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equivalent to the following: |
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"Tenants may have special statutory rights to terminate the |
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lease early in certain situations involving loss of employment or |
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violent criminal activities occurring on the leased premises |
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without the fault of the tenant." |
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(g) A tenant's right to terminate a lease before the end of |
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the lease term, vacate the dwelling, and avoid liability under this |
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section may not be waived by a tenant. |
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Sec. 92.022. EARLY TERMINATION OF LEASE BY TENANT WITHOUT |
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CAUSE. (a) A tenant who terminates a lease without cause before |
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the termination date stated in the lease is liable to the landlord |
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for the landlord's damages that result from the tenant's early |
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termination of the lease less any lawful setoffs and amounts |
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collected in the landlord's effort to mitigate damages under |
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Section 91.006. |
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(b) A landlord may not collect damages under this section in |
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excess of the amount of rent required to be paid for the remainder |
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of the lease term. |
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(c) For purposes of this section, the rental rate for the |
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remainder of the lease term may not exceed the rate the tenant was |
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paying before the date the tenant terminated the lease. |
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(d) A provision of a lease that purports to waive a tenant's |
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right or to exempt a landlord from a liability or duty under this |
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section is void. |
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Sec. 92.023. NOTICE REGARDING ENTRY TO DWELLING BY |
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LANDLORD. (a) Unless there is an emergency, a landlord may enter a |
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dwelling only if the entry is authorized in a written lease and the |
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landlord has delivered to the tenant, at least 24 hours before the |
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entry, a written notice containing the date and time the landlord |
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will enter and the purpose for the entry. |
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(b) A landlord may enter a dwelling only: |
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(1) on the date and at the time contained in the |
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written notice required by Subsection (a); |
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(2) for a reason listed in a written lease; and |
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(3) if the date and time are reasonable. |
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(c) For each violation of this section by a landlord, the |
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tenant may recover from the landlord a civil penalty in an amount |
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equal to one month's rent plus $750, actual damages, court costs, |
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and reasonable attorney's fees and obtain injunctive relief. |
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(d) A provision of a lease that purports to waive a right or |
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to exempt a party from a liability or duty under this section is |
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void. |
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Sec. 92.024. REPORTING OF DEBT BY LANDLORD TO CONSUMER |
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REPORTING AGENCY. (a) A landlord may report rent or other amounts |
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past due and owed by a tenant to a consumer reporting agency, as |
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defined by Section 20.01, Business & Commerce Code, only if there is |
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no controversy concerning the amounts past due and owed. |
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(b) In addition to other remedies provided by law, if a |
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landlord violates this section, the tenant may: |
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(1) recover from the landlord for each violation: |
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(A) the greater of: |
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(i) three times the tenant's actual |
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damages; or |
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(ii) a civil penalty of $1,000; and |
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(B) court costs and reasonable attorney's fees; |
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and |
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(2) obtain injunctive relief. |
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(c) A provision of a lease that purports to waive a right or |
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to exempt a party from a liability or duty under this section is |
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void. |
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Sec. 92.025. TERMINATION AND EVICTION FOR NONPAYMENT OF |
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RENT. A landlord may terminate the lease agreement and evict a |
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tenant for nonpayment of rent or other amounts due only if: |
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(1) the tenant fails to timely pay rent or other |
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amounts due under the lease that in the aggregate equal the amount |
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of at least one month's rent; |
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(2) the landlord notifies the tenant in writing that: |
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(A) the payment is delinquent; and |
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(B) the lease will be terminated on a date |
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specified in the notice that is not earlier than the seventh day |
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after the date the notice is delivered unless the payment is made on |
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or before the specified date for termination; and |
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(3) the tenant has not tendered the delinquent payment |
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in full to the landlord on or before the date specified in the |
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notice. |
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Sec. 92.026. REIMBURSEMENT OF UTILITIES SERVICES. (a) A |
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landlord may use the electrical service of a tenant to accomplish a |
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repair of the premises or for other good cause if the tenant |
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consents to the use and is reimbursed for the use not later than the |
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10th day after the date the use is completed. |
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(b) A provision of a lease that purports to waive a right or |
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to exempt a party from a liability or duty under this section is |
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void. |
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SECTION 2. Section 301.021, Property Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A person may not discriminate against another person |
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in the terms, conditions, or privileges of the rental of a dwelling |
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or in providing services or facilities in connection with the |
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rental of a dwelling because the other person receives a rent |
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subsidy or other public assistance from a political subdivision of |
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the state or from the state or federal government. |
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SECTION 3. Section 1 of this Act applies only to a lease |
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agreement entered into on or after the effective date of this Act. |
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A lease agreement entered into before the effective date of this Act |
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is governed by the law in effect immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect January 1, 2010. |