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.