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.