86R2971 PMO-F
 
  By: Morrison H.B. No. 1629
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the right to vacate and avoid residential lease
  liability following the occurrence of family violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 92.016, Property Code, is amended by
  amending Subsections (b), (c), and (c-1) and adding Subsection
  (b-1) to read as follows:
         (b)  A tenant may terminate the tenant's rights and
  obligations under a lease and may vacate the dwelling and avoid
  liability for future rent and any other sums due under the lease for
  terminating the lease and vacating the dwelling before the end of
  the lease term if the tenant complies with Subsection (c).
         (b-1)  A tenant may obtain relief under Subsection (b) if the
  tenant [and] provides the landlord or the landlord's agent:
               (1)  a copy of one or more of the following orders
  protecting the tenant or an occupant from family violence:
                     (A) [(1)]  a temporary injunction issued under
  Subchapter F, Chapter 6, Family Code;
                     (B) [(2)]  a temporary ex parte order issued under
  Chapter 83, Family Code; [or]
                     (C) [(3)]  a protective order issued under
  Chapter 85, Family Code; or
                     (D)  an order of emergency protection under
  Article 17.292, Code of Criminal Procedure; or
               (2)  a copy of documentation of the family violence
  against the tenant or an occupant from:
                     (A)  a licensed health care services provider who
  examined the victim;
                     (B)  a licensed mental health services provider
  who examined or evaluated the victim; or
                     (C)  an advocate as defined by Section 93.001,
  Family Code, who assisted the victim.
         (c)  A tenant may exercise the rights to terminate the lease
  under Subsection (b), vacate the dwelling before the end of the
  lease term, and avoid liability beginning on the date after all of
  the following events have occurred:
               (1)  a judge signs an order described by Subsection
  (b-1)(1) if the tenant obtained such an order [(b)];
               (2)  the tenant provides a copy of the relevant
  documentation described by Subsection (b-1)(1) or (2), as
  applicable, [(b)] to the landlord;
               (3)  the tenant provides written notice of termination
  of the lease to the landlord on or before the 30th day before the
  date the lease terminates;
               (4)  the 30th day after the date the tenant provided
  notice under Subdivision (3) expires; and
               (5)  the tenant vacates the dwelling.
         (c-1)  If the family violence is committed by a cotenant or
  occupant of the dwelling, a tenant may exercise the right to
  terminate the lease under the procedures provided by Subsection
  (b-1)(1)(A), (C), or (D) or (b-1)(2) [(b)(1) or (3)] and Subsection
  (c), except that the tenant is not required to provide the notice
  described by Subsection (c)(3).
         SECTION 2.  Section 92.016, Property Code, as amended by
  this Act, applies only to a lease entered into or renewed on or
  after the effective date of this Act. A lease entered into or
  renewed before the effective date of this Act is governed by the law
  as it existed immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.