79R1218 KCR-D

By:  Guillen                                                      H.B. No. 211



A BILL TO BE ENTITLED

AN ACT

relating to the effect of certain orders relating to family 
violence on residential leases and lease agreements.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 92, Property Code, is 
amended by adding Section 92.016 to read as follows:
	Sec. 92.016.  REQUIRED LEASE PROVISION:  RIGHT TO VACATE AND 
AVOID LIABILITY FOLLOWING FAMILY VIOLENCE.  (a)  For purposes of 
this section, "family violence" has the meaning assigned by Section 
71.004, Family Code.
	(b)  A residential lease must contain a provision that allows 
a victim of family violence to vacate the leased premises and avoid 
liability for rent or other sums due under the lease if the victim 
obtains, and provides the victim's landlord with a copy of, one or 
more of the following orders protecting the victim from family 
violence committed by a cotenant of the leased premises:
		(1)  an emergency order for protection issued under 
Article 17.292, Code of Criminal Procedure;
		(2)  a temporary injunction or temporary restraining 
order issued under Subchapter F, Chapter 6, Family Code;
		(3)  a temporary ex parte protective order issued under 
Chapter 83, Family Code;
		(4)  a protective order issued under Chapter 85, Family 
Code; or     
		(5)  any other order issued under Title 1 or Title 5, 
Family Code, that entitles the victim to protection from family 
violence committed by the cotenant.
	(c)  A victim of family violence:                                       
		(1)  may exercise the right to vacate the leased 
premises and avoid liability under Subsection (b) beginning on the 
date a magistrate or judge signs an order described by Subsection 
(b); and
		(2)  avoids liability for rent or other sums due under 
the lease:    
			(A)  beginning on the later of the date the judge 
or magistrate signs the order or the date the victim vacates the 
leased premises; and
			(B)  ending on the date the lease expires.                            
	(d)  A person other than a victim of family violence 
described by Subsection (b) is liable for rent or other sums due 
under the lease following the victim's exercising the victim's 
right to vacate the leased premises and avoid liability under 
Subsection (b).
	SECTION 2.  Section 92.006, Property Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  A tenant's right to vacate the leased premises and avoid 
liability under Section 92.016 may not be waived by a tenant or a 
landlord.
	SECTION 3.  Section 94.053, Property Code, is amended by 
adding Subsection (f) to read as follows:
	(f)  In addition to the information required under 
Subsection (c), a lease agreement must contain a liability 
avoidance provision described by Section 92.016.
	SECTION 4.  The changes in law made by this Act apply only to 
a lease or lease agreement that is signed or renewed on or after the 
effective date of this Act.  A lease or lease agreement that is 
signed or renewed before the effective date of this Act is governed 
by the law in effect at the time the lease or lease agreement was 
signed or renewed, and that law is continued in effect for that 
purpose.
	SECTION 5.  This Act takes effect September 1, 2005.