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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for notifying residential tenants before |
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rehabilitation or a change in use of leased premises; providing a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.027 to read as follows: |
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Sec. 92.027. NOTICE BEFORE REHABILITATION OR CHANGE IN USE |
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OF PREMISES. (a) Unless there is a casualty loss making a premises |
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unusable for residential purposes, a landlord may not refuse to |
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renew a tenant's lease to allow the landlord to rehabilitate or |
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change the use of a premises unless the landlord: |
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(1) delivers a notice to the tenant that: |
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(A) states the date on which the rehabilitation |
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of the premises will begin or the use of the premises will change; |
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and |
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(B) informs the tenant that the tenant must |
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relocate on a specific date, which may not be earlier than the 120th |
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day after the date the landlord delivers the notice; and |
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(2) posts in a conspicuous place on the outside of the |
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premises a notice that states the date on which rehabilitation of |
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the premises will begin or the use of the premises will change. |
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(b) A landlord may not change the use of the premises, |
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terminate or modify a lease, or require a tenant to relocate under |
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this section before the expiration of a lease term. |
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(c) If a landlord intentionally attempts to deter or deters |
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a tenant from renewing a lease to avoid application of this section |
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by raising the tenant's rent, depriving the tenant of the use of the |
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premises, or decreasing services to the tenant, the tenant may |
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recover from the landlord actual damages, injunctive relief, a |
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civil penalty of $1,000 plus an amount equal to one month's rent, |
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and reasonable attorney's fees. |
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(d) A provision of a lease that purports to waive a right or |
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exempt a party from liability or a duty under this section is void. |
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SECTION 2. This Act takes effect January 1, 2010. |