H.B. No. 3536
 
 
 
 
AN ACT
  relating to a commercial landlord's remedies regarding certain
  unlawful activities on the premises of commercial rental property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 93.013(a), Property Code, is amended to
  read as follows:
         (a)  Notwithstanding a provision in a lease to the contrary,
  a tenant's right of possession terminates and the landlord has a
  right to recover possession of the leased premises if the tenant is
  using the premises or allowing the premises to be used for the
  purposes of:
               (1)  prostitution as described by Section 43.02, Penal
  Code, solicitation of prostitution as described by Section 43.021,
  Penal Code, promotion of prostitution as described by Section
  43.03, Penal Code, aggravated promotion of prostitution as
  described by Section 43.04, Penal Code, or compelling prostitution
  as described by Section 43.05, Penal Code;
               (2)  [, or] trafficking of persons as described by
  Section 20A.02, Penal Code; or
               (3)  operating, maintaining, or advertising a massage
  establishment, as defined by Section 455.001, Occupations Code,
  that:
                     (A)  is not exempt from licensing requirements
  under state or federal law and:
                           (i)  has never been issued a license by the
  Texas Department of Licensing and Regulation; or
                           (ii)  the license for which was suspended,
  revoked, or refused renewal by the Texas Department of Licensing
  and Regulation after the establishment obtained a right of
  possession in the leased premises; or
                     (B)  was issued a citation, administrative
  penalty, civil penalty, or other civil or criminal sanction for:
                           (i)  violating a local ordinance that
  relates to an offense listed in Subdivision (1) or (2) of this
  subsection;
                           (ii)  operating a sexually oriented
  business; or 
                           (iii)  violating Section 455.202,
  Occupations Code.
         SECTION 2.  The changes in law made by this Act apply only to
  a commercial lease that is entered into or renewed on or after the
  effective date of this Act. A commercial lease that is entered into
  or renewed before the effective date of this Act is governed by the
  law applicable to the lease immediately before the effective date
  of this Act, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3536 was passed by the House on May 9,
  2023, by the following vote:  Yeas 129, Nays 13, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3536 on May 24, 2023, by the following vote:  Yeas 124, Nays 21,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3536 was passed by the Senate, with
  amendments, on May 19, 2023, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor