By: Nelson, Uresti S.B. No. 83
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a right to vacate and avoid residential lease liability
  following the occurrence of certain sex offenses or domestic
  violence; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 92.016, Property Code, is amended by
  amending Subsections (b) and (c) and adding Subsection (c-1) to
  read as follows:
         (b)  A tenant may terminate the tenant's rights and
  obligations under a lease and may vacate the dwelling and avoid
  liability for future rent and any other sums due under the lease for
  terminating the lease and vacating the dwelling before the end of
  the lease term if the tenant complies with Subsection (c) and
  [obtains and] provides the landlord or the landlord's agent a copy
  of one or more of the following orders protecting the tenant or an
  occupant from family violence [committed by a cotenant or occupant
  of the dwelling]:
               (1)  a temporary injunction issued under Subchapter F,
  Chapter 6, Family Code; [or]
               (2)  a temporary ex parte order issued under Chapter
  83, Family Code; or
               (3)  a protective order issued under Chapter 85, Family
  Code.
         (c)  A tenant may exercise the rights to terminate the lease
  under Subsection (b), vacate the dwelling before the end of the
  lease term, and avoid liability beginning on the date after all of
  the following events have occurred:
               (1)  a judge signs an order described by Subsection
  (b);
               (2)  the tenant provides [has delivered] a copy of the
  relevant documentation described by Subsection (b) [order] to the
  landlord; [and]
               (3)  the tenant provides written notice of termination
  of the lease to the landlord on or before the 30th day before the
  date the lease terminates;
               (4)  the 30th day after the date the tenant provided
  notice under Subdivision (3) expires; and
               (5)  the tenant vacates [has vacated] the dwelling.
         (c-1)  If the family violence is committed by a cotenant or
  occupant of the dwelling, a tenant may exercise the right to
  terminate the lease under the procedures provided by Subsection
  (b)(1) or (3) and Subsection (c), except that the tenant is not
  required to provide the notice described by Subsection (c)(3).
         SECTION 2.  Subchapter A, Chapter 92, Property Code, is
  amended by adding Section 92.0161 to read as follows:
         Sec. 92.0161.  RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
  CERTAIN SEX OFFENSES.  (a)  In this section, "occupant" has the
  meaning assigned by Section 92.016.
         (b)  A tenant may terminate the tenant's rights and
  obligations under a lease and may vacate the dwelling and avoid
  liability for future rent and any other sums due under the lease for
  terminating the lease and vacating the dwelling before the end of
  the lease term after the tenant complies with Subsection (c).
         (c)  If the tenant is a victim of sexual assault or a parent
  or guardian of a victim of sexual assault under Section 22.011,
  Penal Code, aggravated sexual assault under Section 22.021, Penal
  Code, or continuous sexual abuse of a child under Section 21.02,
  Penal Code, that takes place during the preceding six-month period
  on the premises or at any dwelling on the premises, the tenant shall
  provide to the landlord or the landlord's agent a copy of:
               (1)  documentation of the assault or abuse of the
  victim from a licensed health care services provider who examined
  the victim;
               (2)  documentation of the assault or abuse of the
  victim from a licensed mental health services provider who examined
  or evaluated the victim;
               (3)  documentation of the assault or abuse of the
  victim from an individual authorized under Chapter 420, Government
  Code, who provided services to the victim; or
               (4)  documentation of a protective order issued under
  Chapter 7A, Code of Criminal Procedure.
         (d)  A tenant may exercise the rights to terminate the lease
  under Subsection (b), vacate the dwelling before the end of the
  lease term, and avoid liability beginning on the date after all of
  the following events have occurred:
               (1)  the tenant provides a copy of the relevant
  documentation described by Subsection (c) to the landlord;
               (2)  the tenant provides written notice of termination
  of the lease to the landlord on or before the 30th day before the
  date the lease terminates;
               (3)  the 30th day after the date the tenant provided
  notice under Subdivision (2) expires; and
               (4)  the tenant vacates the dwelling.
         (e)  Except as provided by Subsection (g), this section does
  not affect a tenant's liability for delinquent, unpaid rent or
  other sums owed to the landlord before the lease was terminated by
  the tenant under this section.
         (f)  A landlord who violates this section is liable to the
  tenant for actual damages, a civil penalty equal to the amount of
  one month's rent plus $500, and attorney's fees.
         (g)  A tenant who terminates a lease under Subsection (b) is
  released from all liability for any delinquent, unpaid rent owed to
  the landlord by the tenant on the effective date of the lease
  termination if the lease does not contain language substantially
  equivalent to the following:
         "Tenants may have special statutory rights to terminate the
  lease early in certain situations involving sexual assault or
  sexual abuse."
         (h)  A tenant may not waive a tenant's right to terminate a
  lease before the end of the lease term, vacate the dwelling, and
  avoid liability under this chapter.
         SECTION 3.  The change in law made by this Act applies only
  to a lease that is executed or renewed on or after the effective
  date of this Act. A lease that is executed or renewed before the
  effective date of this Act is governed by the law in effect at the
  time the lease was executed or renewed, and that law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect January 1, 2010.