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.