78R2159 KCR-F

By:  Nixon                                                        H.B. No. 299



A BILL TO BE ENTITLED

AN ACT

relating to a landlord's duty to mitigate damages under certain 
circumstances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Section 91.006, Property Code, is amended to 
read as follows:   
	Sec. 91.006.  LANDLORD'S DUTY TO MITIGATE DAMAGES. (a)  
Subject to Subsection (b), a [A] landlord has a duty to make 
reasonable efforts to mitigate damages if a tenant abandons the 
leased premises in violation of the lease.
	(b)  A provision of a lease with an original term of five 
years or less that purports to waive a right or to exempt a landlord 
from a liability or duty under this section is void.
	SECTION 2.  (a)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  The change in law made by this Act applies only to a 
lease signed or entered into on or after the effective date of this 
Act.  A lease signed or entered into before the effective date of 
this Act is governed by the law as it existed at the time the lease 
was signed or entered into, and that law is continued in effect for 
that purpose.