Texas HB 4059: Relating to a tenant's right to terminate a residential lease following certain outages of essential utilities.

Bill Text

By:AAMeza H.B.ANo.A4059
A BILL TO BE ENTITLED
AN ACT
relating to a tenant’s right to terminate a residential lease
following certain outages of essential utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASubchapter B, Chapter 92, Property Code, is
amended by adding Section 92.0521 to read as follows:
Sec.A92.0521.AARIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
OUTAGE OF ESSENTIAL UTILITY. (a) In this section, "essential
utility" means:
(1)AAelectricity;
(2)AAair conditioning;
(3)AAheat;
(4)AAnatural gas; or
(5)AAwater.
(b)AANotwithstanding any other law and except as provided by
Subsection (c), a tenant of a dwelling that does not have an
essential utility due to an outage caused directly or indirectly by
severe weather conditions may terminate the tenant’s lease, 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:
(1)AAthe tenant notifies the landlord in writing of the
interruption of the essential utility;
(2)AAthe essential utility has not been restored before
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87R11162 MWC-D 1

48 hours after the tenant notified the landlord; and
(3)AAthe tenant notifies the landlord in writing of the
tenant’s intent to immediately terminate the lease because the
essential utility was not restored.
(c)AAThis section does not apply during the period a dwelling
does not have an essential utility because a utility service
provider intentionally interrupted provision of a utility service.
(d)AAThis section does not affect the obligations or
liability of the tenant under the lease before the lease is
terminated under this section, including the liability of the
tenant for:
(1)AAdelinquent, unpaid rent; and
(2)AAdamages to the leased premises not caused by
normal wear and tear.
SECTIONA2.AASection 92.0521, Property Code, as added by this
Act, applies only to a lease agreement entered into or renewed on or
after the effective date of this Act.
SECTIONA3.AAThis Act takes effect January 1, 2022.
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H.B.ANo.A4059
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