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.