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AN ACT
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relating to the right to terminate a lease and avoid liability by a |
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victim of certain sexual offenses or stalking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 92.0161, Property Code, |
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is amended to read as follows: |
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Sec. 92.0161. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING |
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CERTAIN SEX OFFENSES OR STALKING. |
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SECTION 2. Section 92.0161, Property Code, is amended by |
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amending Subsections (b), (c), (d), and (g) and adding Subsections |
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(c-1), (i), and (j) to read as follows: |
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(b) A tenant may terminate the tenant's rights and |
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obligations under a lease and may vacate the dwelling and avoid |
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liability for future rent and any other sums due under the lease for |
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terminating the lease and vacating the dwelling before the end of |
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the lease term after the tenant complies with Subsection (c) or |
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(c-1). |
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(c) If the tenant is a victim [of sexual assault] or a parent |
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or guardian of a victim of sexual assault under Section 22.011, |
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Penal Code, aggravated sexual assault under Section 22.021, Penal |
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Code, indecency with a child under Section 21.11, Penal Code, |
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sexual performance by a child under Section 43.25, Penal Code, [or] |
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continuous sexual abuse of a child under Section 21.02, Penal Code, |
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or an attempt to commit any of the foregoing offenses under Section |
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15.01, Penal Code, that takes place during the preceding six-month |
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period on the premises or at any dwelling on the premises, the |
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tenant shall provide to the landlord or the landlord's agent a copy |
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of: |
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(1) documentation of the assault or abuse, or |
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attempted assault or abuse, of the victim from a licensed health |
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care services provider who examined the victim; |
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(2) documentation of the assault or abuse, or |
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attempted assault or abuse, of the victim from a licensed mental |
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health services provider who examined or evaluated the victim; |
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(3) documentation of the assault or abuse, or |
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attempted assault or abuse, of the victim from an individual |
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authorized under Chapter 420, Government Code, who provided |
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services to the victim; or |
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(4) documentation of a protective order issued under |
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Chapter 7A, Code of Criminal Procedure, except for a temporary ex |
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parte order. |
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(c-1) If the tenant is a victim or a parent or guardian of a |
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victim of stalking under Section 42.072, Penal Code, that takes |
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place during the preceding six-month period on the premises or at |
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any dwelling on the premises, the tenant shall provide to the |
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landlord or the landlord's agent a copy of: |
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(1) documentation of a protective order issued under |
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Chapter 7A or Article 6.09, Code of Criminal Procedure, except for a |
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temporary ex parte order; or |
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(2) documentation of the stalking from a provider of |
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services described by Subsection (c)(1), (2), or (3) and: |
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(A) a law enforcement incident report; or |
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(B) if a law enforcement incident report is |
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unavailable, another record maintained in the ordinary course of |
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business by a law enforcement agency. |
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(d) A tenant may exercise the rights to terminate the lease |
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under Subsection (b), vacate the dwelling before the end of the |
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lease term, and avoid liability beginning on the date after all of |
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the following events have occurred: |
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(1) the tenant provides a copy of the relevant |
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documentation described by Subsection (c) or (c-1) to the landlord; |
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(2) the tenant provides written notice of termination |
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of the lease to the landlord on or before the 30th day before the |
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date the lease terminates; |
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(3) the 30th day after the date the tenant provided |
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notice under Subdivision (2) expires; and |
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(4) the tenant vacates the dwelling. |
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(g) A tenant who terminates a lease under Subsection (b) is |
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released from all liability for any delinquent, unpaid rent owed to |
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the landlord by the tenant on the effective date of the lease |
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termination if the lease does not contain language substantially |
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equivalent to the following: |
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"Tenants may have special statutory rights to terminate the |
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lease early in certain situations involving certain sexual offenses |
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or stalking [assault or sexual abuse]." |
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(i) For purposes of Subsections (c) and (c-1), a tenant who |
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is a parent or guardian of a victim described by those subsections |
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must reside with the victim to exercise the rights established by |
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this section. |
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(j) A person who receives information under Subsection (c), |
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(c-1), or (d) may not disclose the information to any other person |
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except for a legitimate or customary business purpose or as |
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otherwise required by law. |
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SECTION 3. This Act takes effect January 1, 2014. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 946 passed the Senate on |
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April 4, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 22, 2013, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 946 passed the House, with |
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amendment, on May 17, 2013, by the following vote: Yeas 134, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |