By Brown                                               S.B. No. 457
         77R605 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. Subchapter A, Chapter 92, Property Code, is
 1-6     amended by adding Section 92.015 to read as follows:
 1-7           Sec. 92.015.  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 Section 91.006, Property Code, is repealed.
1-14           SECTION 3. This Act takes effect immediately.