87R11162 MWC-D
 
  By: Meza H.B. No. 4059
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a tenant's right to terminate a residential lease
  following certain outages of essential utilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 92, Property Code, is
  amended by adding Section 92.0521 to read as follows:
         Sec. 92.0521.  RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
  OUTAGE OF ESSENTIAL UTILITY. (a) In this section, "essential
  utility" means:
               (1)  electricity;
               (2)  air conditioning;
               (3)  heat;
               (4)  natural gas; or
               (5)  water.
         (b)  Notwithstanding any other law and except as provided by
  Subsection (c), a tenant of a dwelling that does not have an
  essential utility due to an outage caused directly or indirectly by
  severe weather conditions may terminate the tenant's lease, 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:
               (1)  the tenant notifies the landlord in writing of the
  interruption of the essential utility;
               (2)  the essential utility has not been restored before
  48 hours after the tenant notified the landlord; and
               (3)  the tenant notifies the landlord in writing of the
  tenant's intent to immediately terminate the lease because the
  essential utility was not restored.
         (c)  This section does not apply during the period a dwelling
  does not have an essential utility because a utility service
  provider intentionally interrupted provision of a utility service.
         (d)  This section does not affect the obligations or
  liability of the tenant under the lease before the lease is
  terminated under this section, including the liability of the
  tenant for:
               (1)  delinquent, unpaid rent; and
               (2)  damages to the leased premises not caused by
  normal wear and tear.
         SECTION 2.  Section 92.0521, Property Code, as added by this
  Act, applies only to a lease agreement entered into or renewed on or
  after the effective date of this Act.
         SECTION 3.  This Act takes effect January 1, 2022.