Bill Text: TX SB498 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to a commercial landlord's or tenant's remedies regarding certain unlawful activities in a multiunit commercial property.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-16 - Comm. report sent to Local & Consent Calendar [SB498 Detail]
Download: Texas-2019-SB498-Comm_Sub.html
By: Huffman, et al. | S.B. No. 498 | |
(Thompson of Harris) | ||
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relating to a commercial landlord's or tenant's remedies regarding | ||
certain unlawful activities in a multiunit commercial 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, promotion of prostitution, | ||
aggravated promotion of prostitution, or compelling prostitution, | ||
as prohibited by the 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 is not in compliance with: | ||
(A) Chapter 455, Occupations Code; or | ||
(B) an applicable local ordinance relating to the | ||
licensing or regulation of a massage establishment. | ||
SECTION 2. Chapter 93, Property Code, is amended by adding | ||
Section 93.014 to read as follows: | ||
Sec. 93.014. RIGHT TO VACATE DUE TO CERTAIN UNLAWFUL | ||
ACTIVITIES IN MULTIUNIT COMMERCIAL PROPERTY. (a) In this section: | ||
(1) "Multiunit commercial property" means a strip | ||
mall, shopping center, office building, or other similar commercial | ||
property with multiple contiguous or proximate rental units that | ||
are owned or managed as a single property. | ||
(2) "Unlawful activity" means: | ||
(A) prostitution, promotion of prostitution, | ||
aggravated promotion of prostitution, or compelling prostitution, | ||
as prohibited under Chapter 43, Penal Code; | ||
(B) trafficking of persons, as prohibited under | ||
Section 20A.02, Penal Code; or | ||
(C) operating, maintaining, or advertising a | ||
massage establishment, as defined by Section 455.001, Occupations | ||
Code, that is not in compliance with: | ||
(i) Chapter 455, Occupations Code; or | ||
(ii) an applicable local ordinance relating | ||
to the licensing or regulation of a massage establishment. | ||
(b) A landlord of a multiunit commercial property is in | ||
breach of a lease with a tenant if: | ||
(1) the tenant reasonably believes that another tenant | ||
in the same multiunit commercial property is engaging in an | ||
unlawful activity; | ||
(2) the complaining tenant gives the landlord written | ||
notice of the offending tenant's engagement in the unlawful | ||
activity, including a statement of the basis for the complaining | ||
tenant's reasonable belief that the offending tenant is engaging in | ||
the activity; and | ||
(3) the landlord does not file a forcible detainer | ||
suit against the offending tenant under Section 93.013 before the | ||
30th day after the date the notice is given. | ||
(c) Notwithstanding a provision of the lease to the | ||
contrary, if a landlord is in breach of a tenant's lease under | ||
Subsection (b), the tenant may: | ||
(1) terminate the tenant's rights and obligations | ||
under the lease; | ||
(2) vacate the leased premises; and | ||
(3) avoid liability for future rent and any other sums | ||
due under the lease for terminating the lease and vacating the | ||
premises before the end of the lease term. | ||
(d) This section does not prohibit a landlord from pursuing | ||
a civil action against a complaining tenant for any amount due under | ||
the complaining tenant's lease if, after the landlord investigates | ||
the offending tenant, the landlord determines the complaining | ||
tenant's belief regarding the unlawful activity, as stated in the | ||
written notice under Subsection (b)(2), was not reasonable. | ||
(e) In a civil action described by Subsection (d), there is | ||
a rebuttable presumption that a complaining tenant's belief | ||
regarding an offending tenant's engagement in unlawful activity is | ||
reasonable if the complaining tenant gave the landlord the notice | ||
required by Subsection (b)(2). | ||
SECTION 3. 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 4. This Act takes effect September 1, 2019. |