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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a local government to regulate |
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evictions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 250, Local Government Code, is amended |
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by adding Section 250.011 to read as follows: |
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Sec. 250.011. AUTHORITY OF LOCAL GOVERNMENTS TO REGULATE |
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EVICTIONS. Notwithstanding any other law, a municipality or county |
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may not adopt or enforce an ordinance, order, or other measure that: |
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(1) prohibits, restricts, or delays: |
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(A) delivery of a notice to vacate; or |
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(B) filing of a suit to recover possession of the |
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premises under Chapter 24 of the Property Code; or |
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(2) otherwise relates to an eviction suit. |
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SECTION 2. Section 24.005(e), Property Code, is amended to |
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read as follows: |
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(e) If the lease or applicable federal law requires the |
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landlord to give a tenant an opportunity to respond to a notice of |
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proposed eviction, a notice to vacate may not be given until the |
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period provided for the tenant to respond to the eviction notice has |
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expired. |
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SECTION 3. The changes in law made by this Act apply only to |
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an eviction suit in which the notice to vacate is given on or after |
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the effective date of this Act. An eviction suit in which the |
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notice to vacate is given before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |