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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a notice of proposed eviction for residential |
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and commercial leases after a failure to pay rent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 24, Property Code, is amended by adding |
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Section 24.0041 to read as follows: |
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Sec. 24.0041. NOTICE OF PROPOSED EVICTION. (a) Before a |
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landlord may give a notice to vacate under Section 24.005 to a |
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tenant who defaults based on a failure to pay rent, the landlord |
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must give the tenant a notice of proposed eviction and 30 days to |
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cure the default after the notice of proposed eviction is |
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delivered. The notice of proposed eviction must state that: |
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(1) rent is due and unpaid; |
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(2) the tenant must pay the delinquent rent and any |
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current rent due not later than the 30th day after the date the |
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tenant receives the notice of proposed eviction; and |
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(3) the landlord may notify the tenant to vacate the |
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premises and file an eviction suit if the tenant fails to pay the |
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delinquent and current rent before the end of that period. |
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(b) A landlord shall deliver a notice of proposed eviction |
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in the same manner as a notice to vacate is delivered to a tenant |
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under Section 24.005. |
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(c) Notwithstanding Subsection (a), a landlord and tenant |
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may contract for a longer opportunity to cure period for a default |
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based on failure to pay rent in a written lease or agreement. |
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SECTION 2. Section 94.206, Property Code, is amended to |
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read as follows: |
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Sec. 94.206. TERMINATION AND EVICTION FOR NONPAYMENT OF |
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RENT. A landlord may terminate the lease agreement and evict a |
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tenant if: |
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(1) the tenant fails to timely pay rent or other |
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amounts due under the lease that in the aggregate equal the amount |
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of at least one month's rent; |
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(2) the landlord notifies the tenant in writing that |
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the payment is delinquent; and |
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(3) the tenant has not tendered the delinquent payment |
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and any other amount due in full to the landlord before the 30th |
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[10th] day after the date the tenant receives the notice. |
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SECTION 3. The changes in law made by this Act apply only to |
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a lease entered into or renewed on or after the effective date of |
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this Act. A lease entered into or renewed before that date is |
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governed by the law applicable to the lease immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |