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A BILL TO BE ENTITLED
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AN ACT
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relating to the justified use of force, including deadly force, by |
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certain persons on certain residential property or manufactured |
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home community property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 82.002(c-1), Property Code, is amended |
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to read as follows: |
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(c-1) Sections [Section] 82.121 and 82.122 apply [applies] |
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to a condominium for which the declaration was recorded before |
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January 1, 1994. |
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SECTION 2. Subchapter C, Chapter 82, Property Code, is |
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amended by adding Section 82.122 to read as follows: |
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Sec. 82.122. JUSTIFIED USE OF FORCE ON CONDOMINIUM |
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PROPERTY. (a) An association or board may not levy a fine or |
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otherwise take adverse action against a unit owner based on the use |
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of force, including deadly force, that is justified under Chapter |
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9, Penal Code, on condominium property by: |
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(1) the unit owner; |
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(2) a tenant or guest of the unit owner; or |
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(3) a guest of a tenant of the unit owner. |
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(b) For purposes of this section, there is an irrebuttable |
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presumption that a person's use of force is justified if: |
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(1) the person is found not guilty of each offense |
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arising out of the use of force with which the person is charged; |
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(2) a grand jury declines to indict the person for an |
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offense arising out of the use of force; or |
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(3) the prosecutor having jurisdiction to prosecute an |
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offense arising out of the use of force declines to prosecute the |
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person who used the force for an offense arising out of the use of |
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force. |
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(c) This section applies notwithstanding any provision of a |
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dedicatory instrument to the contrary and regardless of the date of |
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the provision's adoption. |
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SECTION 3. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.027 to read as follows: |
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Sec. 92.027. JUSTIFIED USE OF FORCE ON LEASED PREMISES. (a) |
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A landlord may not evict or threaten to evict a tenant based on the |
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use of force, including deadly force, that is justified under |
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Chapter 9, Penal Code, on the premises by: |
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(1) the tenant; or |
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(2) a guest of the tenant. |
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(b) For purposes of this section, there is an irrebuttable |
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presumption that a person's use of force is justified if: |
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(1) the person is found not guilty of each offense |
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arising out of the use of force with which the person is charged; |
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(2) a grand jury declines to indict the person for an |
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offense arising out of the use of force; or |
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(3) the prosecutor having jurisdiction to prosecute an |
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offense arising out of the use of force declines to prosecute the |
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person who used the force for an offense arising out of the use of |
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force. |
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SECTION 4. Subchapter F, Chapter 94, Property Code, is |
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amended by adding Section 94.258 to read as follows: |
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Sec. 94.258. JUSTIFIED USE OF FORCE ON LEASED PREMISES. (a) |
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A landlord may not evict or threaten to evict a tenant based on the |
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use of force, including deadly force, that is justified under |
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Chapter 9, Penal Code, on the premises by: |
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(1) the tenant; or |
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(2) a guest of the tenant. |
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(b) For purposes of this section, there is an irrebuttable |
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presumption that a person's use of force is justified if: |
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(1) the person is found not guilty of each offense |
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arising out of the use of force with which the person is charged; |
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(2) a grand jury declines to indict the person for an |
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offense arising out of the use of force; or |
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(3) the prosecutor having jurisdiction to prosecute an |
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offense arising out of the use of force declines to prosecute the |
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person who used the force for an offense arising out of the use of |
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force. |
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SECTION 5. Sections 92.027 and 94.258, Property Code, as |
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added by this Act, do not affect the enforceability of a provision |
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in a lease agreement entered into or renewed before the effective |
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date of this Act. |
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SECTION 6. This Act takes effect September 1, 2025. |