77R12769 CAS-F                           
         By Nixon                                               H.B. No. 549
         Substitute the following for H.B. No. 549:
         By Solomons                                        C.S.H.B. No. 549
                                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.  Section 91.006, Property Code, is amended to read
 1-6     as follows:
 1-7           Sec. 91.006.  LANDLORD'S DUTY TO MITIGATE DAMAGES. (a)
 1-8     Subject to Subsection (b), a [A] landlord has a duty to make
 1-9     reasonable efforts to mitigate damages if a tenant abandons the
1-10     leased premises in violation of the lease.
1-11           (b)  A provision of a lease with an original term of five
1-12     years or less that purports to waive a right or to exempt a
1-13     landlord from a liability or duty under this section is void.
1-14           SECTION 2.  This Act takes effect immediately if it receives
1-15     a vote of two-thirds of all the members elected to each house, as
1-16     provided by Section 39, Article III, Texas Constitution.  If this
1-17     Act does not receive the vote necessary for immediate effect, this
1-18     Act takes effect September 1, 2001.