SRC-ARR S.B. 884 76(R) BILL ANALYSIS Senate Research Center S.B. 884 By: Brown State Affairs 3/15/1999 As Filed DIGEST Currently, Texas law has created a conflict relating to a commercial landlord's duty to mitigate its damages. S.B. 884 provides that a landlord has a duty to mitigate its damages. PURPOSE As proposed, S.B. 884 authorizes a landlord to mitigate damages under certain circumstances. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 92A, Property Code, by adding Section 92.013, as follows: Sec. 92.013. LANDLORD'S DUTY TO MITIGATE DAMAGES. Provides that a landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease. Provides that a provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void. SECTION 2. Repealer: Section 91.006, Property Code (Landlord's Duty to Mitigate Damages). SECTION 3. Emergency clause. Effective date: upon passage.