84R10941 AJA-D
 
  By: Rodriguez of Travis H.B. No. 3561
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to damages in certain wrongful eviction actions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 4, Property Code, is amended by adding
  Chapter 30 to read as follows:
  CHAPTER 30. WRONGFUL EVICTION
         Sec. 30.001.  APPLICABILITY OF CHAPTER. This chapter
  applies to a claimant in a wrongful eviction action who establishes
  that:
               (1)  the claimant was wrongfully evicted from property
  occupied by the claimant under an unexpired written lease; and
               (2)  at the time of the eviction, the property owner who
  evicted the claimant would not have been reasonably likely to
  prevail in an eviction action brought in accordance with Chapter
  24.
         Sec. 30.002.  AVAILABILITY OF DAMAGES FOR MENTAL ANGUISH. A
  claimant to whom this chapter applies may recover, in addition to
  any other relief to which the claimant is entitled, damages for
  mental anguish if the claimant establishes that in the course of the
  wrongful eviction, the property owner:
               (1)  used or threatened violence to convince the
  claimant to vacate or abandon the property; or
               (2)  knowingly or recklessly destroyed or seized all or
  the majority of the claimant's property that was located on the
  leased premises.
         Sec. 30.003.  EXEMPLARY DAMAGES. (a) An award of exemplary
  damages under this section is governed by Chapter 41, Civil
  Practice and Remedies Code, except that to the extent of any
  conflict between this section and that chapter, this section
  controls.
         (b)  Notwithstanding Section 41.003, Civil Practice and
  Remedies Code, a claimant entitled to recover damages for mental
  anguish under Section 30.002 may also recover exemplary damages if
  the claimant proves by a preponderance of the evidence that the
  wrongful eviction was pursued by the property owner solely for the
  purpose of putting the property to a more profitable use.
         (c)  For purposes of Subsection (b), there is a rebuttable
  presumption that a wrongful eviction was solely for the purpose of
  putting the property to a more profitable use if:
               (1)  the wrongful eviction occurred less than six
  months after the property owner acquired the property; and
               (2)  a structure occupied by the claimant was destroyed
  by the property owner on or before the 60th day after the date of the
  wrongful eviction.
         (d)  The trier of fact may award to a claimant to whom this
  section applies exemplary damages in an amount that does not exceed
  the greater of:
               (1)  the maximum amount of exemplary damages that may
  be awarded in the action under Section 41.008, Civil Practice and
  Remedies Code; or
               (2)  up to 25 percent of the fair market value of the
  property from which the claimant was evicted, determined as of the
  time of the wrongful eviction.
         (e)  In determining the amount of exemplary damages to be
  awarded under this section, the trier of fact shall consider, in
  addition to evidence considered under Section 41.011, Civil
  Practice and Remedies Code, evidence, if any, relating to the
  amount of damages necessary to deter future wrongful evictions of a
  similar nature.
         SECTION 2.  The change in law made by this Act applies only
  to a wrongful eviction that occurs on or after the effective date of
  this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.