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A BILL TO BE ENTITLED
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AN ACT
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relating to right to vacate and avoid residential lease liability |
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following the occurrence of certain sex offenses or family |
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violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 92.016, Property Code, is |
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amended to read as follows: |
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Sec. 92.016. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING |
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CERTAIN SEX OFFENSES OR FAMILY VIOLENCE. |
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SECTION 2. Sections 92.016(b), (c), and (f), Property Code, |
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are amended to read as follows: |
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(b) A tenant may terminate the tenant's rights and |
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obligations under a lease and may vacate the dwelling and avoid |
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liability for future rent and any other sums due under the lease for |
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terminating the lease and vacating the dwelling before the end of |
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the lease term if the tenant complies with Subsection (c) [and
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obtains] and provides the landlord or the landlord's agent a copy |
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of: |
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(1) if the tenant is a victim of sexual assault under |
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Section 22.011, Penal Code, or aggravated sexual assault under |
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Section 22.021, Penal Code, that takes place on the premises or at |
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any dwelling on the premises: |
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(A) documentation of the assault of the victim |
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from a licensed health care services provider who conducted a |
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sexual assault forensic examination of the victim; |
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(B) documentation of the assault of the victim |
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from a licensed mental health services provider who examined or |
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evaluated the victim; or |
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(C) documentation of the assault of the victim |
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from an individual authorized under Chapter 420, Government Code, |
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to collect and preserve evidence of the assault; |
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(2) if the tenant is the custodial parent, as defined |
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by Section 1504.001, Insurance Code, of a victim of continuous |
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sexual abuse of a child under Section 21.02, Penal Code, that takes |
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place on the premises or at any dwelling on the premises: |
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(A) documentation of the abuse of the victim from |
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a licensed health care services provider who conducted a sexual |
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assault forensic examination of the victim; |
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(B) documentation of the abuse of the victim from |
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a licensed mental health services provider who examined or |
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evaluated the victim; or |
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(C) documentation of the abuse of the victim from |
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an individual authorized under Chapter 420, Government Code, to |
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collect and preserve evidence of the abuse; or |
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(3) if the tenant or occupant is the victim of family |
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violence under Section 71.004, Family Code, one or more of the |
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following orders protecting the tenant or an occupant from family |
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violence [committed by a cotenant or occupant of the dwelling]: |
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(A) [(1)] a temporary injunction issued under |
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Subchapter F, Chapter 6, Family Code; or |
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(B) [(2)] a protective order issued under |
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Chapter 85, Family Code. |
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(c) A tenant may exercise the rights to terminate the lease |
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under Subsection (b), vacate the dwelling before the end of the |
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lease term, and avoid liability beginning on the date after all of |
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the following events have occurred: |
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(1) [a judge signs an order described by Subsection
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(b);
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[(2)] the tenant has delivered a copy of the relevant |
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documentation described by Subsection (b) [order] to the landlord; |
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and |
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(2) [(3)] the tenant has vacated the dwelling. |
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(f) A tenant who terminates a lease under Subsection (b) is |
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released from all liability for any delinquent, unpaid rent owed to |
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the landlord by the tenant on the effective date of the lease |
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termination if the lease does not contain language substantially |
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equivalent to the following: |
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"Tenants may have special statutory rights to |
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terminate the lease early in certain situations |
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involving sexual assault, sexual abuse, family |
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violence, or a military deployment or transfer." |
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SECTION 3. The change in law made by this Act applies only |
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to a lease that is executed or renewed on or after the effective |
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date of this Act. A lease that is executed or renewed before the |
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effective date of this Act is governed by the law in effect at the |
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time the lease was executed or renewed, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |