Bill Text: TX HB3536 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to a commercial landlord's remedies regarding certain unlawful activities on the premises of commercial rental property.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-11 - Effective on 9/1/23 [HB3536 Detail]
Download: Texas-2023-HB3536-Enrolled.html
H.B. No. 3536 |
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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) [ |
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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 |