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A BILL TO BE ENTITLED
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AN ACT
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relating to a tenant's right to terminate a residential lease |
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following certain outages of essential utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 92, Property Code, is |
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amended by adding Section 92.0521 to read as follows: |
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Sec. 92.0521. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING |
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OUTAGE OF ESSENTIAL UTILITY. (a) In this section, "essential |
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utility" means: |
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(1) electricity; |
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(2) air conditioning; |
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(3) heat; |
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(4) natural gas; or |
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(5) water. |
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(b) Notwithstanding any other law and except as provided by |
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Subsection (c), a tenant of a dwelling that does not have an |
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essential utility due to an outage caused directly or indirectly by |
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severe weather conditions may terminate the tenant's lease, vacate |
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the dwelling, and 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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dwelling before the end of the lease term if: |
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(1) the tenant notifies the landlord in writing of the |
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interruption of the essential utility; |
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(2) the essential utility has not been restored before |
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48 hours after the tenant notified the landlord; and |
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(3) the tenant notifies the landlord in writing of the |
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tenant's intent to immediately terminate the lease because the |
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essential utility was not restored. |
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(c) This section does not apply during the period a dwelling |
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does not have an essential utility because a utility service |
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provider intentionally interrupted provision of a utility service. |
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(d) This section does not affect the obligations or |
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liability of the tenant under the lease before the lease is |
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terminated under this section, including the liability of the |
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tenant for: |
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(1) delinquent, unpaid rent; and |
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(2) damages to the leased premises not caused by |
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normal wear and tear. |
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SECTION 2. Section 92.0521, Property Code, as added by this |
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Act, applies only to a lease agreement entered into or renewed on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect January 1, 2022. |