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AN ACT
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relating to a commercial landlord's remedies regarding certain |
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unlawful activities on the premises of commercial rental 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 as described by Section 43.02, Penal |
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Code, solicitation of prostitution as described by Section 43.021, |
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Penal Code, promotion of prostitution as described by Section |
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43.03, Penal Code, aggravated promotion of prostitution as |
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described by Section 43.04, Penal Code, or compelling prostitution |
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as described by Section 43.05, 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: |
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(A) is not exempt from licensing requirements |
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under state or federal law and: |
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(i) has never been issued a license by the |
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Texas Department of Licensing and Regulation; or |
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(ii) the license for which was suspended, |
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revoked, or refused renewal by the Texas Department of Licensing |
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and Regulation after the establishment obtained a right of |
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possession in the leased premises; or |
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(B) was issued a citation, administrative |
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penalty, civil penalty, or other civil or criminal sanction for: |
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(i) violating a local ordinance that |
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relates to an offense listed in Subdivision (1) or (2) of this |
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subsection; |
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(ii) operating a sexually oriented |
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business; or |
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(iii) violating Section 455.202, |
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Occupations Code. |
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SECTION 2. 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 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3536 was passed by the House on May 9, |
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2023, by the following vote: Yeas 129, Nays 13, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3536 on May 24, 2023, by the following vote: Yeas 124, Nays 21, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3536 was passed by the Senate, with |
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amendments, on May 19, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |