Texas HB 1209: Relating to the right to vacate and avoid residential lease liability following the occurrence of family violence.

Bill Text

By:AARodriguez H.B.ANo.A1209
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:
SECTIONA1.AASection 92.016, Property Code, is amended by
amending Subsections (b), (c), and (c-1) and adding Subsection
(b-1) to read as follows:
(b)AAA 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)AAA tenant may obtain relief under Subsection (b) if the
tenant [and] provides the landlord or the landlord’s agent:
(1)AAa copy of one or more of the following orders
protecting the tenant or an occupant from family violence:
(A)A[(1)]AAa temporary injunction issued under
Subchapter F, Chapter 6, Family Code;
(B)A[(2)]AAa temporary ex parte order issued under
Chapter 83, Family Code; [or]
(C)A[(3)]AAa protective order issued under
Chapter 85, Family Code; or
(D)AAan order for emergency protection under
Article 17.292, Code of Criminal Procedure; or
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(2)AAa copy of documentation of the family violence
from:
(A)AAa licensed health care services provider who
examined the victim;
(B)AAa licensed mental health services provider
who examined or evaluated the victim; or
(C)AAan 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)AAA 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)AAa judge or magistrate, as applicable, signs an
order described by Subsection (b-1)(1) if the tenant obtained such
an order [(b)];
(2)AAthe tenant provides a copy of the relevant
documentation described by Subsection (b-1)(1) or (2), as
applicable, [(b)] to the landlord;
(3)AAthe 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)AAthe 30th day after the date the tenant provided
notice under Subdivision (3) expires; and
(5)AAthe tenant vacates the dwelling.
(c-1)AAIf the family violence is committed by a cotenant or
occupant of the dwelling, a tenant may exercise the right to
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H.B.ANo.A1209
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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).
SECTIONA2.AASection 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.
SECTIONA3.AAThis Act takes effect September 1, 2019.
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