87R18506 BEE-F
 
  By: Thompson of Harris, et al. H.B. No. 2803
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a commercial landlord's or tenant's remedies regarding
  certain unlawful activities in a multiunit commercial property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 93.013(a), Property Code, is amended to
  read as follows:
         (a)  Notwithstanding a provision in a lease to the contrary,
  a tenant's right of possession terminates and the landlord has a
  right to recover possession of the leased premises if the tenant is
  using the premises or allowing the premises to be used for the
  purposes of:
               (1)  prostitution, promotion of prostitution,
  aggravated promotion of prostitution, or compelling prostitution,
  as prohibited by the Penal Code;
               (2)  [, or] trafficking of persons as described by
  Section 20A.02, Penal Code; or
               (3)  operating, maintaining, or advertising a massage
  establishment, as defined by Section 455.001, Occupations Code,
  that is not in compliance with:
                     (A)  Chapter 455, Occupations Code; or
                     (B)  an applicable local ordinance relating to the
  licensing or regulation of a massage establishment.
         SECTION 2.  Chapter 93, Property Code, is amended by adding
  Section 93.014 to read as follows:
         Sec. 93.014.  RIGHT TO VACATE DUE TO CERTAIN UNLAWFUL
  ACTIVITIES IN MULTIUNIT COMMERCIAL PROPERTY. (a) In this section:
               (1)  "Multiunit commercial property" means a strip
  mall, shopping center, office building, or other similar commercial
  property with multiple contiguous or proximate rental units that
  are owned or managed as a single property.
               (2)  "Unlawful activity" means:
                     (A)  prostitution, promotion of prostitution,
  aggravated promotion of prostitution, or compelling prostitution,
  as prohibited under Chapter 43, Penal Code;
                     (B)  trafficking of persons, as prohibited under
  Section 20A.02, Penal Code; or
                     (C)  operating, maintaining, or advertising a
  massage establishment, as defined by Section 455.001, Occupations
  Code, that is not in compliance with:
                           (i)  Chapter 455, Occupations Code; or
                           (ii)  an applicable local ordinance relating
  to the licensing or regulation of a massage establishment.
         (b)  A landlord of a multiunit commercial property is in
  breach of a lease with a tenant if:
               (1)  the tenant reasonably believes that another tenant
  in the same multiunit commercial property is engaging in an
  unlawful activity;
               (2)  the complaining tenant makes a report regarding
  the activity described by Subdivision (1) to a local law
  enforcement agency with jurisdiction over the unlawful activity;
               (3)  the complaining tenant gives the landlord written
  notice of the offending tenant's engagement in the unlawful
  activity, including:
                     (A)  a statement of the basis for the complaining
  tenant's reasonable belief that the offending tenant is engaging in
  the activity; and
                     (B)  a copy of the report described by Subdivision
  (2); and
               (4)  the landlord does not file a forcible detainer
  suit against the offending tenant under Section 93.013 before the
  30th day after the date the notice is given.
         (c)  Notwithstanding a provision of the lease to the
  contrary, if a landlord is in breach of a tenant's lease under
  Subsection (b), the tenant may:
               (1)  terminate the tenant's rights and obligations
  under the lease;
               (2)  vacate the leased premises; and
               (3)  avoid liability for future rent and any other sums
  due under the lease for terminating the lease and vacating the
  premises before the end of the lease term.
         (d)  This section does not prohibit a landlord from pursuing
  a civil action against a complaining tenant for any amount due under
  the complaining tenant's lease if, after the landlord investigates
  the offending tenant, the landlord determines the complaining
  tenant's belief regarding the unlawful activity, as stated in the
  written notice under Subsection (b)(3), was not reasonable.
         (e)  In a civil action described by Subsection (d), there is
  a rebuttable presumption that a complaining tenant's belief
  regarding an offending tenant's engagement in unlawful activity is
  reasonable if the complaining tenant gave the landlord the notice
  required by Subsection (b)(3).
         SECTION 3.  The changes in law made by this Act apply only to
  a commercial lease that is entered into or renewed on or after the
  effective date of this Act. A commercial lease that is entered into
  or renewed before the effective date of this Act is governed by the
  law applicable to the lease immediately before the effective date
  of this Act, and that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2021.