| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the authority of a local government to regulate |
|
|
evictions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 24, Property Code, is amended by adding |
|
|
Section 24.0041 to read as follows: |
|
|
Sec. 24.0041. AUTHORITY OF LOCAL GOVERNMENTS TO REGULATE |
|
|
EVICTIONS. Notwithstanding any other law, a municipality or county |
|
|
may not adopt or enforce an ordinance, order, or other measure that: |
|
|
(1) prohibits, restricts, or delays: |
|
|
(A) delivery of a notice to vacate; or |
|
|
(B) filing of a suit to recover possession of the |
|
|
premises under this chapter; or |
|
|
(2) otherwise relates to an eviction suit under this |
|
|
chapter. |
|
|
SECTION 2. Section 24.005(e), Property Code, is amended to |
|
|
read as follows: |
|
|
(e) If the lease or applicable federal law requires the |
|
|
landlord to give a tenant an opportunity to respond to a notice of |
|
|
proposed eviction, a notice to vacate may not be given until the |
|
|
period provided for the tenant to respond to the eviction notice has |
|
|
expired. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
an eviction suit in which the notice to vacate is given on or after |
|
|
the effective date of this Act. An eviction suit in which the |
|
|
notice to vacate is given 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. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2023. |