BILL ANALYSIS

H.B. 919

By: Deshotel

Business & Industry

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There are concerns that a victim of family violence who has a magistrate's order for emergency protection is not able to terminate a residential lease and avoid liability as authorized for family violence victims with certain other types of protective order. H.B. 919 seeks to address these concerns by extending the right to vacate and avoid liability following the occurrence of family violence to tenants who provide a magistrate's order for emergency protection.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 919 amends the Property Code to authorize a tenant to terminate the tenant's rights and obligations under a lease and to vacate the dwelling and avoid liability for future rent and certain other sums due under the lease if the tenant provides the landlord or landlord's agent a copy of a magistrate's order for emergency protection protecting the tenant or an occupant of the dwelling from family violence and the tenant complies with other conditions applicable to the right to vacate and avoid liability following family violence. The bill authorizes such a tenant to exercise that right without providing the requisite 30-day notice to the landlord if the family violence is committed by a cotenant or occupant of the dwelling.

EFFECTIVE DATE

September 1, 2019.