By Merritt                                      H.B. No. 1272

      75R5354 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to termination of a lease if a tenant or occupant is

 1-3     convicted of or placed on community supervision for a drug offense.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 91, Property Code, is amended by adding

 1-6     Section 91.002 to read as follows:

 1-7           Sec. 91.002.  TERMINATION OF LEASE BECAUSE OF DRUG OFFENSE.

 1-8     (a)  A landlord may terminate a lease if a tenant or occupant of

 1-9     the leasehold is convicted of or placed on community supervision

1-10     for an offense relating to the manufacture, delivery, possession,

1-11     or use of a controlled substance under Chapter 481, Health and

1-12     Safety Code.

1-13           (b)  The fee owner or an intermediate lessor terminates the

1-14     lease by giving written notice of termination to the tenant or

1-15     occupant within six months after the right to terminate arises

1-16     under this section.  The right to possess the property reverts to

1-17     the landlord on the 10th day after the date the notice is given.

1-18           (c)  This section applies regardless of a term of the lease

1-19     to the contrary.

1-20           SECTION 2.  The change in law made by this Act applies only

1-21     in regard to an offense committed on or after the effective date of

1-22     this Act.  For purposes of this section, an offense is committed

1-23     before the effective date of this Act if any element of the offense

1-24     occurs before that date.

 2-1           SECTION 3.  The importance of this legislation and the

 2-2     crowded condition of the calendars in both houses create an

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended,

 2-6     and that this Act take effect and be in force from and after its

 2-7     passage, and it is so enacted.