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A BILL TO BE ENTITLED
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AN ACT
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relating to the right to vacate and avoid residential lease |
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liability following the occurrence of family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.016, Property Code, is amended by |
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amending Subsections (b), (c), and (c-1) and adding Subsection |
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(b-1) 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). |
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(b-1) A tenant may obtain relief under Subsection (b) if the |
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tenant [and] provides the landlord or the landlord's agent: |
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(1) a copy of one or more of the following orders |
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protecting the tenant or an occupant from family violence: |
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(A) [(1)] a temporary injunction issued under |
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Subchapter F, Chapter 6, Family Code; |
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(B) [(2)] a temporary ex parte order issued under |
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Chapter 83, Family Code; or |
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(C) [(3)] a protective order issued under |
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Chapter 85, Family Code; or |
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(2) a copy of: |
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(A) documentation of the family violence from: |
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(i) a licensed health care services |
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provider who examined the victim; |
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(ii) a licensed mental health services |
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provider who examined or evaluated the victim; or |
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(iii) an individual authorized under |
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Chapter 420, Government Code, who provided services to the victim; |
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(B) a law enforcement incident report or, if a |
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law enforcement incident report is unavailable, another record |
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maintained in the ordinary course of business by a law enforcement |
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agency; and |
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(C) if the report or record described by |
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Paragraph (B) identifies the victim by means of a pseudonym, as |
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defined by Article 57A.01, Code of Criminal Procedure, a copy of a |
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pseudonym form completed and returned under Article 57A.02 of that |
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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-1)(1) if the tenant obtained such an order [(b)]; |
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(2) the tenant provides a copy of the relevant |
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documentation described by Subsection (b-1)(1) or (2), as |
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applicable, [(b)] to the landlord; |
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(3) the tenant provides written notice of termination |
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of the lease to the landlord on or before the 30th day before the |
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date the lease terminates; |
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(4) the 30th day after the date the tenant provided |
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notice under Subdivision (3) expires; and |
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(5) the tenant vacates the dwelling. |
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(c-1) If the family violence is committed by a cotenant or |
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occupant of the dwelling, a tenant may exercise the right to |
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terminate the lease under the procedures provided by Subsection |
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(b-1)(1)(A) or (C) or (b-1)(2) [(b)(1) or (3)] and Subsection (c), |
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except that the tenant is not required to provide the notice |
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described by Subsection (c)(3). |
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SECTION 2. Section 92.016, Property Code, as amended by |
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this Act, applies only to a lease entered into or renewed on or |
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after the effective date of this Act. A lease entered into or |
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renewed before the effective date of this Act is governed by the law |
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as it existed 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 3. This Act takes effect September 1, 2017. |