74R12055 E
By Dutton H.B. No. 1474
Substitute the following for H.B. No. 1474:
By Giddings C.S.H.B. No. 1474
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to providing certain tenants the opportunity to cure a
1-3 default under a lease.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 24, Property Code, is amended by adding
1-6 Section 24.0051 to read as follows:
1-7 Sec. 24.0051. RESIDENTIAL TENANT'S RIGHT TO CURE DEFAULT.
1-8 (a) A landlord may terminate the lease of a residential tenant who
1-9 fails to pay rent that is due if the tenant fails to pay the rent
1-10 before the fourth business day after the date the notice of default
1-11 required by this section is delivered.
1-12 (b) A landlord who intends to terminate the lease of a
1-13 tenant in default must notify the tenant in writing.
1-14 (c) Delivery of the notice is sufficient if it is:
1-15 (1) delivered by regular mail or by registered or
1-16 certified mail, return receipt requested;
1-17 (2) delivered in person to the tenant or to any person
1-18 residing at the premises who is at least 16 years of age; or
1-19 (3) affixed to the inside of the main entry door to
1-20 the premises.
1-21 (d) The notice must:
1-22 (1) state that the tenant is in default under the
1-23 lease because the tenant has failed to pay rent or has paid rent
1-24 after the rent is due;
2-1 (2) inform the tenant of the tenant's right to cure
2-2 the default; and
2-3 (3) specify the action required and the period
2-4 available to cure the default.
2-5 (e) Unless the lease provides otherwise, a tenant does not
2-6 have a right to cure a default if:
2-7 (1) the default resulted from violent criminal
2-8 activity or an illegal drug-related activity; or
2-9 (2) the tenant earlier received, during the previous
2-10 12-month period, at least one default notice for nonpayment of rent
2-11 and the tenant timely cured the default.
2-12 SECTION 2. This Act takes effect September 1, 1995.
2-13 SECTION 3. The change in law made by this Act applies only
2-14 to a tenant who defaults on or after the effective date of this
2-15 Act. A tenant who defaults before the effective date of this Act
2-16 is covered by the law in effect when the default occurred, and the
2-17 former law is continued in effect for that purpose.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.