By Naishtat                                     H.B. No. 2291

      75R7605 CAS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a landlord's duty to mitigate damages under certain

 1-3     circumstances.

 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 91.006 to read as follows:

 1-7           Sec. 91.006.  LANDLORD'S DUTY TO MITIGATE DAMAGES.  (a) A

 1-8     landlord has a duty to mitigate damages if a tenant abandons the

 1-9     leased premises in violation of the lease.

1-10           (b)  A provision of a lease that purports to waive a right or

1-11     to exempt a landlord from a liability or duty under this section is

1-12     void.

1-13           SECTION 2.  Section 91.006, Property Code, as added by this

1-14     Act, applies only to a lease entered into on or after the effective

1-15     date of this Act.

1-16           SECTION 3.  This Act takes effect September 1, 1997.

1-17           SECTION 4.  The importance of this legislation and the

1-18     crowded condition of the calendars in both houses create an

1-19     emergency and an imperative public necessity that the

1-20     constitutional rule requiring bills to be read on three several

1-21     days in each house be suspended, and this rule is hereby suspended.