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A BILL TO BE ENTITLED
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AN ACT
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relating to the rehabilitation, demolition, or change in use of |
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residential property occupied by a tenant. |
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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 92.026 to read as follows: |
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Sec. 92.026. REHABILITATION, DEMOLITION, OR CHANGE IN USE. |
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(a) Unless there is a casualty loss making a rental premises |
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unusable for residential purposes, a landlord may not refuse to |
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renew a tenant's lease to allow the landlord to rehabilitate, sell |
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or close for demolition and redevelopment, or change the use of the |
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rental unit or premises unless the landlord delivers a notice to the |
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tenant that: |
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(1) states the date on which the rehabilitation of the |
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rental unit or premises will begin, the rental unit or premises will |
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be offered for sale or closed, or the use of the rental unit or |
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premises will change, as applicable; |
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(2) informs the tenant that the tenant must relocate |
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on a specific date, which may not be earlier than the later of: |
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(A) the 120th day after the date the landlord |
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delivers the notice; |
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(B) the day after the last day of the current |
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school year, if any occupant of the rental unit is a school-age |
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child and school is in session; or |
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(C) the 180th day after the date the landlord |
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delivers the notice to the tenant, if the rental unit is a |
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single-family house or duplex; and |
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(3) if the rental unit is a single-family house or |
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duplex that the landlord intends to sell for demolition and |
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redevelopment, informs the tenant that the tenant has the right of |
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first refusal to purchase the property. |
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(b) A landlord may not: |
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(1) change the use of the rental unit or premises, |
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terminate or modify a lease, or require a tenant to relocate under |
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this section before the expiration of a lease term; |
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(2) require a tenant to relocate before the applicable |
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date described by Subsection (a)(2); |
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(3) refuse to offer the tenant the right of first |
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refusal to purchase the property, if the rental unit is a |
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single-family house or duplex that the landlord intends to sell for |
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demolition and redevelopment; or |
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(4) intentionally attempt to deter or deter a tenant |
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from renewing a lease to avoid application of this section by |
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raising the tenant's rent, depriving the tenant of the use of the |
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premises, or decreasing services to the tenant. |
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(c) If a tenant is required to relocate under this section, |
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the landlord shall promptly return the tenant's security deposit |
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if: |
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(1) all fixtures and appliances of the rental unit |
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remain in the rental unit; and |
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(2) all property of the tenant is removed from the |
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premises by the tenant on or before the date the tenant moves out of |
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the rental unit. |
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(d) A tenant may recover from a landlord who violates this |
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section: |
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(1) actual damages; |
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(2) injunctive relief; |
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(3) exemplary damages of $1,000 plus an amount equal |
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to one month's rent; and |
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(4) court costs and reasonable attorney's fees. |
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(e) Notwithstanding Section 41.004(a), Civil Practice and |
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Remedies Code, a court shall award exemplary damages under |
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Subsection (d)(3) to a prevailing tenant irrespective of whether |
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the tenant is awarded actual damages. |
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(f) To the extent that a local ordinance provides greater |
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protection to a tenant than is provided by this section, the local |
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ordinance prevails. |
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(g) A provision of a lease that purports to waive a right or |
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exempt a party from liability or a duty under this section is void. |
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SECTION 2. The changes in law made by this Act apply only to |
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a lease agreement entered into or renewed on or after the effective |
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date of this Act. A lease agreement entered into or renewed before |
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the effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect January 1, 2018. |