82R7891 PMO-D
	By: Miles	H.B. No. 2411

	A BILL TO BE ENTITLED
	AN ACT
	relating to a residential tenant's right to vacate a dwelling and
	avoid liability for rent under certain circumstances following the
	declaration of a state of disaster; providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 92, Property Code, is
	amended by adding Section 92.0162 to read as follows:
	Sec. 92.0162.  RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
	DECLARATION OF STATE OF DISASTER. (a)  After the date the governor
	by executive order or proclamation declares a state of disaster
	under Chapter 418, Government Code, 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 as a result of the disaster, the
	dwelling has been rendered uninhabitable or unusable for
	residential purposes.
	(b)  For purposes of Subsection (a), a dwelling is
	uninhabitable or unusable for residential purposes if, under
	Section 418.0016, Government Code, an emergency management
	director issues a written certification of the determination that
	the dwelling is uninhabitable or unusable for residential purposes.
	(c)  A tenant whose dwelling has been certified as
	uninhabitable or unusable as provided by Subsection (b) and is
	located in a multiunit complex, as defined by Section 92.151, may
	not exercise a right under Subsection (a) if the landlord offers to
	the tenant, on the same terms as the lease for the dwelling
	certified as uninhabitable or unusable, a dwelling that is:
	(1)  substantially similar to the dwelling certified as
	uninhabitable or unusable; and
	(2)  located in the same multiunit complex.
	(d)  A tenant may exercise the right under Subsection (a) to
	terminate the lease, 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)  the governor by executive order or proclamation
	has declared a state of disaster under Chapter 418, Government
	Code;
	(2)  the tenant has provided written notice to the
	landlord that the tenant is exercising the tenant's rights under
	this section; and
	(3)  the tenant has vacated the dwelling.
	(e)  Notice under Subsection (d)(2) is effective on the date
	the tenant provides actual notice or notice to the landlord in
	accordance with the general notice provisions in the tenant's
	lease.
	(f)  Except as provided by Subsection (g), this section does
	not affect a tenant's liability for delinquent, unpaid rent or
	other sums owed to the landlord before the lease was terminated by
	the tenant under this section.
	(g)  A tenant who terminates a lease under this section is
	released from all liability for any delinquent, unpaid rent owed to
	the landlord by the tenant on the effective date of the lease
	termination described by Subsection (e) if the lease does not
	contain conspicuous language, printed in 14-point boldface type or
	14-point uppercase typewritten letters, that is substantially
	equivalent to the following:
	"Tenants may have special statutory rights to avoid liability
	for rent in certain situations involving the declaration of a state
	of disaster by the governor."
	(h)  A landlord violates this section if the landlord:
	(1)  charges a tenant who has exercised the tenant's
	rights under this section rent or other sums due under the lease; or
	(2)  otherwise holds a tenant who has exercised the
	tenant's rights under this section liable for rent or other sums due
	under the lease.
	(i)  A landlord who violates this section is liable to the
	tenant for actual damages, a civil penalty equal to the amount of
	one month's rent plus $500, and attorney's fees.
	(j)  A tenant may not waive the tenant's right to exercise
	the tenant's rights under this section.
	SECTION 2.  Section 92.006(g), Property Code, is amended to
	read as follows:
	(g)  A tenant's right to vacate a dwelling and avoid
	liability under Section 92.016, 92.0162, or 92.017 may not be
	waived by a tenant or a landlord, except as provided by those
	sections.
	SECTION 3.  Subchapter E, Chapter 418, Government Code, is
	amended by adding Section 418.1016 to read as follows:
	Sec. 418.1016.  CERTIFICATION OF LEASED DWELLINGS. (a)  On
	request of any person, an emergency management director shall
	determine whether a leased dwelling is uninhabitable or unusable
	for residential purposes, for purposes of Section 92.0162, Property
	Code.
	(b)  Not later than the 30th day after the date a request is
	mailed to the emergency management director by certified mail,
	return receipt requested, the director shall issue to the requestor
	a written certification of the determination made under Subsection
	(a).
	SECTION 4.  The change in law made by this Act applies only
	to a lease that is executed or renewed on or after the effective
	date of this Act. A lease that is executed or renewed before the
	effective date of this Act is governed by the law in effect at the
	time the lease was executed or renewed, and that law is continued in
	effect for that purpose.
	SECTION 5.  This Act takes effect January 1, 2012.