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A BILL TO BE ENTITLED
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AN ACT
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relating to damages in certain wrongful eviction actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Property Code, is amended by adding |
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Chapter 30 to read as follows: |
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CHAPTER 30. WRONGFUL EVICTION |
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Sec. 30.001. APPLICABILITY OF CHAPTER. This chapter |
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applies to a claimant in a wrongful eviction action who establishes |
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that: |
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(1) the claimant was wrongfully evicted from property |
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occupied by the claimant under an unexpired written lease; and |
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(2) at the time of the eviction, the property owner who |
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evicted the claimant would not have been reasonably likely to |
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prevail in an eviction action brought in accordance with Chapter |
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24. |
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Sec. 30.002. AVAILABILITY OF DAMAGES FOR MENTAL ANGUISH. A |
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claimant to whom this chapter applies may recover, in addition to |
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any other relief to which the claimant is entitled, damages for |
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mental anguish if the claimant establishes that in the course of the |
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wrongful eviction, the property owner: |
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(1) used or threatened violence to convince the |
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claimant to vacate or abandon the property; or |
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(2) knowingly or recklessly destroyed or seized all or |
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the majority of the claimant's property that was located on the |
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leased premises. |
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Sec. 30.003. EXEMPLARY DAMAGES. (a) An award of exemplary |
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damages under this section is governed by Chapter 41, Civil |
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Practice and Remedies Code, except that to the extent of any |
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conflict between this section and that chapter, this section |
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controls. |
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(b) Notwithstanding Section 41.003, Civil Practice and |
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Remedies Code, a claimant entitled to recover damages for mental |
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anguish under Section 30.002 may also recover exemplary damages if |
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the claimant proves by a preponderance of the evidence that the |
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wrongful eviction was pursued by the property owner solely for the |
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purpose of putting the property to a more profitable use. |
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(c) For purposes of Subsection (b), there is a rebuttable |
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presumption that a wrongful eviction was solely for the purpose of |
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putting the property to a more profitable use if: |
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(1) the wrongful eviction occurred less than six |
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months after the property owner acquired the property; and |
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(2) a structure occupied by the claimant was destroyed |
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by the property owner on or before the 60th day after the date of the |
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wrongful eviction. |
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(d) The trier of fact may award to a claimant to whom this |
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section applies exemplary damages in an amount that does not exceed |
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the greater of: |
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(1) the maximum amount of exemplary damages that may |
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be awarded in the action under Section 41.008, Civil Practice and |
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Remedies Code; or |
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(2) up to 25 percent of the fair market value of the |
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property from which the claimant was evicted, determined as of the |
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time of the wrongful eviction. |
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(e) In determining the amount of exemplary damages to be |
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awarded under this section, the trier of fact shall consider, in |
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addition to evidence considered under Section 41.011, Civil |
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Practice and Remedies Code, evidence, if any, relating to the |
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amount of damages necessary to deter future wrongful evictions of a |
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similar nature. |
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SECTION 2. The change in law made by this Act applies only |
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to a wrongful eviction that occurs on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |