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78R3217 KCR-D

By:  Nixon                                                        H.B. No. 537



A BILL TO BE ENTITLED

AN ACT

relating to a landlord's duty to mitigate damages under certain 
leases.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 92, Property Code, is 
amended by adding Section 92.015 to read as follows:
	Sec. 92.015.  LANDLORD'S DUTY TO MITIGATE DAMAGES.  (a)  A 
landlord has a duty to mitigate damages if a tenant abandons the 
leased premises in violation of the lease.
	(b)  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.  Section 91.006, Property Code, is repealed.                        
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to a 
cause of action that accrues on or after September 1, 2003.  A cause 
of action that accrues before September 1, 2003, is covered by the 
law in effect at the time the cause of action accrued, and that law 
is continued in effect for that purpose.