Bill Text: TX HB1209 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to the right to vacate and avoid residential lease liability following the occurrence of family violence.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2019-04-26 - Postponed 7/1/19 10:00 AM [HB1209 Detail]

Download: Texas-2019-HB1209-Comm_Sub.html

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86R8171 PMO-D
By: Rodriguez, Morrison, Moody H.B. No. 1209

A BILL TO BE ENTITLED
AN ACT
relating to the right to vacate and avoid residential lease
liability following the occurrence of family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.016, Property Code, is amended by
amending Subsections (b), (c), and (c-1) and adding Subsection
(b-1) to read as follows:
(b) A tenant may terminate the tenant's rights and
obligations under a lease and may vacate the dwelling and avoid
liability for future rent and any other sums due under the lease for
terminating the lease and vacating the dwelling before the end of
the lease term if the tenant complies with Subsection (c).
(b-1) A tenant may obtain relief under Subsection (b) if the
tenant [and] provides the landlord or the landlord's agent:
(1) a copy of one or more of the following orders
protecting the tenant or an occupant from family violence:
(A) [(1)] a temporary injunction issued under
Subchapter F, Chapter 6, Family Code;
(B) [(2)] a temporary ex parte order issued under
Chapter 83, Family Code; [or]
(C) [(3)] a protective order issued under
Chapter 85, Family Code; or
(D) an order for emergency protection under
Article 17.292, Code of Criminal Procedure; or
(2) a copy of documentation of the family violence
from:
(A) a licensed health care services provider who
examined the victim;
(B) a licensed mental health services provider
who examined or evaluated the victim; or
(C) an individual who provided family violence
services to the victim through a family violence center authorized
to provide those services under Chapter 51, Human Resources Code.
(c) A tenant may exercise the rights to terminate the lease
under Subsection (b), vacate the dwelling before the end of the
lease term, and avoid liability beginning on the date after all of
the following events have occurred:
(1) a judge or magistrate, as applicable, signs an
order described by Subsection (b-1)(1) if the tenant obtained such
an order [(b)];
(2) the tenant provides a copy of the relevant
documentation described by Subsection (b-1)(1) or (2), as
applicable, [(b)] to the landlord;
(3) the tenant provides written notice of termination
of the lease to the landlord on or before the 30th day before the
date the lease terminates;
(4) the 30th day after the date the tenant provided
notice under Subdivision (3) expires; and
(5) the tenant vacates the dwelling.
(c-1) If the family violence is committed by a cotenant or
occupant of the dwelling, a tenant may exercise the right to
terminate the lease under the procedures provided by Subsection
(b-1)(1)(A), (C), or (D) or (b-1)(2) [(b)(1) or (3)] and Subsection
(c), except that the tenant is not required to provide the notice
described by Subsection (c)(3).
SECTION 2. Section 92.016, Property Code, as amended by
this Act, applies only to a lease entered into or renewed on or
after the effective date of this Act. A lease entered into or
renewed before the effective date of this Act is governed by the law
as it existed immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.