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A BILL TO BE ENTITLED
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AN ACT
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relating to a residential tenant's right to vacate a dwelling and |
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avoid liability for rent following the declaration of a state of |
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disaster; providing a 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 92.0162 to read as follows: |
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Sec. 92.0162. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING |
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DECLARATION OF STATE OF DISASTER. (a) After the date the governor |
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by executive order or proclamation declares a state of disaster |
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under Chapter 418, Government Code, a tenant may terminate the |
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tenant's rights and obligations under a lease and may vacate the |
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dwelling and avoid liability for future rent and any other sums due |
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under the lease for terminating the lease and vacating the dwelling |
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before the end of the lease term if: |
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(1) as a result of the disaster, the dwelling has been |
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rendered uninhabitable or unusable for residential purposes; and |
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(2) the tenant complies with Subsection (c). |
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(b) A tenant may exercise the right under Subsection (a) to |
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terminate the lease, vacate the dwelling before the end of the lease |
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term, and avoid liability beginning on the date after all of the |
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following events have occurred: |
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(1) the governor by executive order or proclamation |
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has declared a state of disaster under Chapter 418, Government |
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Code; |
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(2) the tenant has provided written notice to the |
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landlord that the tenant is exercising the tenant's rights under |
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this section; and |
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(3) the tenant has vacated the dwelling. |
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(c) Notice under Subsection (b)(2) is effective on the date |
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the tenant provides actual notice or notice to the landlord in |
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accordance with the general notice provisions in the tenant's |
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lease. |
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(d) Except as provided by Subsection (e), this section does |
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not affect a tenant's liability for delinquent, unpaid rent or |
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other sums owed to the landlord before the lease was terminated by |
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the tenant under this section. |
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(e) A tenant who terminates a lease under this section 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 described by Subsection (b) if the lease does not |
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contain conspicuous language, printed in 14-point boldface type or |
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14-point uppercase typewritten letters, that is substantially |
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equivalent to the following: |
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"Tenants may have special statutory rights to avoid liability |
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for rent in certain situations involving the declaration of a state |
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of disaster by the governor." |
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(f) A landlord violates this section if the landlord: |
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(1) charges a tenant who has exercised the tenant's |
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rights under this section rent or other sums due under the lease; or |
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(2) otherwise holds a tenant who has exercised the |
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tenant's rights under this section liable for rent or other sums due |
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under the lease. |
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(g) A landlord who violates this section is liable to the |
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tenant for actual damages, a civil penalty equal to the amount of |
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one month's rent plus $500, and attorney's fees. |
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(h) A tenant may not waive the tenant's right to exercise |
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the tenant's rights under this section. |
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SECTION 2. 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 3. This Act takes effect January 1, 2012. |