BILL ANALYSIS

 

 

Senate Research Center

S.B. 1120

83R9790 PMO-D

By: West

 

Business & Commerce

 

3/7/2013

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Many people are impacted in a natural disaster, including apartment/rental residents.

 

After a natural disaster, an apartment or property management company often relocates a resident to another unit if the unit the tenant is renting is uninhabitable. 

 

After a recent natural disaster, the April 3, 2012, tornado in Lancaster, Texas, an apartment management company tried to require impacted residents to sign new leases at a term longer than that of their existing lease term before they would relocate them.

 

This bill prohibits an apartment or property management company from requiring a displaced resident to sign a new lease at a term longer than the existing lease term before relocating the resident to a habitable unit.

 

As proposed, S.B. 1120 amends current law relating to a residential tenant's lease obligation after the loss of the leased premises resulting from a natural disaster.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter B, Chapter 92, Property Code, by adding Section 92.062, as follows:

 

Sec. 92.062.  LEASE TERM AFTER NATURAL DISASTER.  Prohibits a landlord that relocates a tenant to another property owned by the landlord, if a premises is, as a practical matter, totally unusable for residential purposes as a result of a natural disaster such as a hurricane, tornado, flood, extended freeze, or widespread windstorm, from requiring the tenant to execute a lease for a term longer than the term remaining on the tenant's lease on the date the premises was rendered unusable as a result of the natural disaster.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2013.