Bill Text: TX HB1173 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a tenant's right to terminate a residential lease following certain outages of essential utilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-02 - Referred to Business & Industry [HB1173 Detail]
Download: Texas-2023-HB1173-Introduced.html
88R4832 SHH-D | ||
By: Meza | H.B. No. 1173 |
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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) natural gas; or | ||
(3) 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, 2024. |