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A BILL TO BE ENTITLED
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AN ACT
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relating to notice of relief available to certain members of the |
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military required to be provided in certain real property |
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documentation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.005, Property Code, is amended by |
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adding Subsection (j) to read as follows: |
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(j) A notice served on a tenant under this section must |
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contain, in addition to any other statements required under this |
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section, language substantially similar to the following: |
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"A tenant who is serving on active military duty may have |
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special rights or relief related to this notice under federal law, |
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including the Servicemembers Civil Relief Act (50 U.S.C. app. |
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Section 501 et seq.), and state law, including Section 92.017, |
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Texas Property Code." |
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SECTION 2. Section 24.0051(d), Property Code, is amended to |
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read as follows: |
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(d) In a suit described by Subsection (c), the citation |
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required by Rule 739, Texas Rules of Civil Procedure, must include |
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the following notice to the defendant on the first page of the |
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citation in English and Spanish and in conspicuous bold print: |
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SUIT TO EVICT |
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THIS SUIT TO EVICT INVOLVES IMMEDIATE DEADLINES. A TENANT |
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WHO IS SERVING ON ACTIVE MILITARY DUTY MAY HAVE SPECIAL RIGHTS OR |
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RELIEF RELATED TO THIS SUIT UNDER FEDERAL LAW, INCLUDING THE |
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SERVICEMEMBERS CIVIL RELIEF ACT (50 U.S.C. APP. SECTION 501 ET |
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SEQ.), OR STATE LAW, INCLUDING SECTION 92.017, TEXAS PROPERTY CODE. |
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CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR IF YOU NEED |
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HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE AN |
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ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL |
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ASSISTANCE. |
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SECTION 3. Section 51.002, Property Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) A notice served on a debtor under this section must |
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contain, in addition to any other statements required under this |
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section, language substantially similar to the following: |
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"A debtor who is serving on active military duty may have |
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special rights or relief related to this notice under federal law, |
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including the Servicemembers Civil Relief Act (50 U.S.C. app. |
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Section 501 et seq.), and state law, including Section 51.015, |
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Texas Property Code." |
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SECTION 4. Chapter 91, Property Code, is amended by adding |
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Section 91.0011 to read as follows: |
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Sec. 91.0011. NOTICE REGARDING RELIEF AVAILABLE TO CERTAIN |
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MEMBERS OF THE MILITARY. A notice given to a tenant under Section |
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91.001 must contain language substantially similar to the |
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following: |
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"A tenant who is serving on active military duty may have |
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special rights or relief related to this notice under federal law, |
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including the Servicemembers Civil Relief Act (50 U.S.C. app. |
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Section 501 et seq.)." |
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SECTION 5. Section 92.016(f), Property Code, is amended to |
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read as follows: |
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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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similar [equivalent] to the following: |
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"Tenants may have special statutory rights to terminate the |
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lease early in certain situations involving family violence. A |
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tenant who is serving on active military duty may have special |
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rights or relief related to this lease under federal law, including |
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the Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et |
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seq.), and state law, including Section 92.017, Texas Property Code |
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[or a military deployment or transfer]." |
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SECTION 6. Section 92.017(g), Property Code, is amended to |
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read as follows: |
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(g) 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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similar [equivalent] to the following: |
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"Tenants may have special statutory rights to terminate the |
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lease early in certain situations involving family violence. A |
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tenant who is serving on active military duty may have special |
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rights or relief related to this lease under federal law, including |
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the Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et |
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seq.), and state law, including Section 92.017, Texas Property Code |
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[or a military deployment or transfer]." |
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SECTION 7. Section 209.006(b), Property Code, is amended to |
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read as follows: |
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(b) The notice must: |
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(1) describe the violation or property damage that is |
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the basis for the suspension action, charge, or fine and state any |
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amount due the association from the owner; and |
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(2) inform the owner that the owner: |
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(A) is entitled to a reasonable period to cure |
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the violation and avoid the fine or suspension unless the owner was |
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given notice and a reasonable opportunity to cure a similar |
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violation within the preceding six months; [and] |
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(B) may request a hearing under Section 209.007 |
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on or before the 30th day after the date the owner receives the |
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notice; and |
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(C) may have special rights or relief related to |
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the enforcement action under federal law, including the |
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Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et |
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seq.), if the owner is serving on active military duty. |
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SECTION 8. The change in law made by Sections 24.005 and |
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24.0051, Property Code, as amended by this Act, applies only to a |
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suit for which notice is required under Chapter 24, Property Code, |
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that is filed on or after the effective date of this Act. A suit for |
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which notice is required under Chapter 24, Property Code, that is |
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filed before the effective date of this Act is governed by the law |
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in effect immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 9. The change in law made by Section 51.002, |
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Property Code, as amended by this Act, applies only to a sale for |
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which a notice is required under that section on or after the |
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effective date of this Act. A sale for which notice is required |
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under Section 51.002, Property Code, before the effective date of |
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this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 10. The change in law made by Section 91.0011, |
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Property Code, as added by this Act, applies only to a termination |
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of a lease for which notice is required under that section on or |
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after the effective date of this Act. A termination of a lease for |
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which notice is required under Section 91.0011, Property Code, |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 11. The change in law made by Sections 92.016 and |
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92.017, Property Code, as amended by this Act, applies only to a |
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lease that is executed or renewed on or after the effective date of |
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this Act. A lease that is executed or renewed before the effective |
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date of this Act is governed by the law in effect at the time the |
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lease was executed or renewed, and that law is continued in effect |
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for that purpose. |
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SECTION 12. The change in law made by Section 209.006, |
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Property Code, as amended by this Act, applies only to an |
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enforcement action for which a notice is required under that |
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section that commences on or after the effective date of this Act. |
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An enforcement action for which notice is required under Section |
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209.006, Property Code, that commences before the effective date of |
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this Act is governed by the law in effect when the enforcement |
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action commenced, and that law is continued in effect for that |
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purpose. |
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SECTION 13. This Act takes effect September 1, 2011. |