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A BILL TO BE ENTITLED
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AN ACT
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relating to a commercial landlord's or tenant's remedies regarding |
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certain unlawful activities in a multiunit commercial property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 93.013(a), Property Code, is amended to |
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read as follows: |
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(a) Notwithstanding a provision in a lease to the contrary, |
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a tenant's right of possession terminates and the landlord has a |
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right to recover possession of the leased premises if the tenant is |
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using the premises or allowing the premises to be used for the |
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purposes of: |
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(1) prostitution, promotion of prostitution, |
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aggravated promotion of prostitution, or compelling prostitution, |
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as prohibited by the Penal Code; |
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(2) [, or] trafficking of persons as described by |
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Section 20A.02, Penal Code; or |
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(3) operating, maintaining, or advertising a massage |
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establishment, as defined by Section 455.001, Occupations Code, |
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that is not in compliance with: |
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(A) Chapter 455, Occupations Code; or |
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(B) an applicable local ordinance relating to the |
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licensing or regulation of a massage establishment. |
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SECTION 2. Chapter 93, Property Code, is amended by adding |
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Section 93.014 to read as follows: |
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Sec. 93.014. RIGHT TO VACATE DUE TO CERTAIN UNLAWFUL |
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ACTIVITIES IN MULTIUNIT COMMERCIAL PROPERTY. (a) In this section: |
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(1) "Multiunit commercial property" means a strip |
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mall, shopping center, office building, or other similar commercial |
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property with multiple contiguous or proximate rental units that |
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are owned or managed as a single property. |
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(2) "Unlawful activity" means: |
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(A) prostitution, promotion of prostitution, |
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aggravated promotion of prostitution, or compelling prostitution, |
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as prohibited under Chapter 43, Penal Code; |
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(B) trafficking of persons, as prohibited under |
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Section 20A.02, Penal Code; or |
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(C) operating, maintaining, or advertising a |
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massage establishment, as defined by Section 455.001, Occupations |
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Code, that is not in compliance with: |
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(i) Chapter 455, Occupations Code; or |
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(ii) an applicable local ordinance relating |
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to the licensing or regulation of a massage establishment. |
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(b) A landlord of a multiunit commercial property is in |
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breach of a lease with a tenant if: |
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(1) the tenant reasonably believes that another tenant |
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in the same multiunit commercial property is engaging in an |
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unlawful activity; |
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(2) the complaining tenant gives the landlord written |
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notice of the offending tenant's engagement in the unlawful |
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activity, including a statement of the basis for the complaining |
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tenant's reasonable belief that the offending tenant is engaging in |
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the activity; and |
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(3) the landlord does not file a forcible detainer |
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suit against the offending tenant under Section 93.013 before the |
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30th day after the date the notice is given. |
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(c) Notwithstanding a provision of the lease to the |
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contrary, if a landlord is in breach of a tenant's lease under |
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Subsection (b), the tenant may: |
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(1) terminate the tenant's rights and obligations |
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under the lease; |
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(2) vacate the leased premises; and |
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(3) avoid liability for future rent and any other sums |
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due under the lease for terminating the lease and vacating the |
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premises before the end of the lease term. |
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(d) This section does not prohibit a landlord from pursuing |
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a civil action against a complaining tenant for any amount due under |
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the complaining tenant's lease if, after the landlord investigates |
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the offending tenant, the landlord determines the complaining |
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tenant's belief regarding the unlawful activity, as stated in the |
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written notice under Subsection (b)(2), was not reasonable. |
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(e) In a civil action described by Subsection (d), there is |
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a rebuttable presumption that a complaining tenant's belief |
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regarding an offending tenant's engagement in unlawful activity is |
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reasonable if the complaining tenant gave the landlord the notice |
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required by Subsection (b)(2). |
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SECTION 3. The changes in law made by this Act apply only to |
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a commercial lease that is entered into or renewed on or after the |
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effective date of this Act. A commercial lease that is entered into |
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or renewed before the effective date of this Act is governed by the |
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law applicable to the lease immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |