79R7771 KCR-F
By: Noriega H.B. No. 3159
A BILL TO BE ENTITLED
AN ACT
relating to the effect that certain orders relating to family
violence and certain decisions regarding military service have 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 Sections 92.016 and 92.017 to read as follows:
Sec. 92.016. 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 tenant who is a victim of family violence
may 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 or occupant 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 or occupant.
(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.
Sec. 92.017. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
CERTAIN DECISIONS RELATED TO MILITARY SERVICE. (a) For purposes of
this section, "dependent," "military service," and "servicemember"
have the meanings assigned by 50 App. U.S.C. 511.
(b) A residential tenant who is a servicemember or a
dependent of a servicemember may vacate the leased premises and
avoid liability for rent or other sums due under the lease if:
(1) the lease was executed by or on behalf of a person
who, after executing the lease or during the term of the lease,
enters military service; or
(2) a servicemember, while in military service,
executes the lease and after executing the lease receives military
orders:
(A) for a permanent change of station; or
(B) to deploy with a military unit for a period of
90 days or more.
(c) A residential tenant who terminates a lease under
Subsection (b) shall deliver to the landlord or landlord's agent:
(1) a written notice of termination of the lease; and
(2) a copy of an appropriate government document
providing evidence of the entrance into military service if
Subsection (b)(1) applies or a copy of the servicemember's military
orders if Subsection (b)(2) applies.
(d) Termination of a lease under this section is effective:
(1) in the case of a lease that provides for monthly
payment of rent, on the 30th day after the first date on which the
next rental payment is due after the date on which the notice under
Subsection (c)(1) is delivered; or
(2) in the case of a lease other than a lease described
by Subdivision (1), on the last day of the month following the month
in which the notice under Subsection (c)(1) is delivered.
(e) A landlord, not later than the 30th day after the
effective date of the termination of a lease under this section,
shall refund to the residential tenant terminating the lease under
Subsection (b) all rent or other amounts paid in advance under the
lease for any period after the effective date of the termination of
the lease.
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 or 92.017 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 liability avoidance
provisions described by Sections 92.016 and 92.017.
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.