By: Nelson	S.B. No. 946
	(In the Senate - Filed February 28, 2013; March 12, 2013,
	read first time and referred to Committee on Jurisprudence;
	March 27, 2013, reported favorably by the following vote:  Yeas 5,
	Nays 0; March 27, 2013, sent to printer.)

	A BILL TO BE ENTITLED
	AN ACT
	relating to the right to terminate a lease and avoid liability by a
	victim of certain sexual offenses or stalking.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 92.0161, Property Code,
	is amended to read as follows:
	Sec. 92.0161.  RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING
	CERTAIN SEX OFFENSES OR STALKING.
	SECTION 2.  Section 92.0161, Property Code, is amended by
	amending Subsections (b), (c), (d), and (g) and adding Subsections
	(c-1), (i), and (j) to read as follows:
	(b)  A tenant may terminate the tenant's rights and
	obligations under a lease and may 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 after the tenant complies with Subsection (c) or
	(c-1).
	(c)  If the tenant is a victim [of sexual assault] or a parent
	or guardian of a victim of sexual assault under Section 22.011,
	Penal Code, aggravated sexual assault under Section 22.021, Penal
	Code, indecency with a child under Section 21.11, Penal Code,
	sexual performance by a child under Section 43.25, Penal Code, [or]
	continuous sexual abuse of a child under Section 21.02, Penal Code,
	or an attempt to commit any of the foregoing offenses under Section
	15.01, Penal Code, that takes place during the preceding six-month
	period on the premises or at any dwelling on the premises, the
	tenant shall provide to the landlord or the landlord's agent a copy
	of:
	(1)  documentation of the assault or abuse, or
	attempted assault or abuse, of the victim from a licensed health
	care services provider who examined the victim;
	(2)  documentation of the assault or abuse, or
	attempted assault or abuse, of the victim from a licensed mental
	health services provider who examined or evaluated the victim;
	(3)  documentation of the assault or abuse, or
	attempted assault or abuse, of the victim from an individual
	authorized under Chapter 420, Government Code, who provided
	services to the victim; or
	(4)  documentation of a protective order issued under
	Chapter 7A, Code of Criminal Procedure, except for a temporary ex
	parte order.
	(c-1)  If the tenant is a victim or a parent or guardian of a
	victim of stalking under Section 42.072, Penal Code, that takes
	place during the preceding six-month period on the premises or at
	any dwelling on the premises, the tenant shall provide to the
	landlord or the landlord's agent a copy of:
	(1)  documentation of a protective order issued under
	Chapter 7A or Article 6.09, Code of Criminal Procedure, except for a
	temporary ex parte order; or
	(2)  documentation of the stalking from a provider of
	services described by Subsection (c)(1), (2), or (3) and:
	(A)  a law enforcement incident report; or
	(B)  if a law enforcement incident report is
	unavailable, another record maintained in the ordinary course of
	business by a law enforcement agency.
	(d)  A tenant may exercise the rights to terminate the lease
	under Subsection (b), vacate the dwelling before the end of the
	lease term, and avoid liability beginning on the date after all of
	the following events have occurred:
	(1)  the tenant provides a copy of the relevant
	documentation described by Subsection (c) or (c-1) to the landlord;
	(2)  the tenant provides written notice of termination
	of the lease to the landlord on or before the 30th day before the
	date the lease terminates;
	(3)  the 30th day after the date the tenant provided
	notice under Subdivision (2) expires; and
	(4)  the tenant vacates the dwelling.
	(g)  A tenant who terminates a lease under Subsection (b) is
	released from all liability for any delinquent, unpaid rent owed to
	the landlord by the tenant on the effective date of the lease
	termination if the lease does not contain language substantially
	equivalent to the following:
	"Tenants may have special statutory rights to terminate the
	lease early in certain situations involving certain sexual offenses
	or stalking [assault or sexual abuse]."
	(i)  For purposes of Subsections (c) and (c-1), a tenant who
	is a parent or guardian of a victim described by those subsections
	must reside with the victim to exercise the rights established by
	this section.
	(j)  A person who receives information under Subsection (c),
	(c-1), or (d) may not disclose the information to any other person
	except for a legitimate or customary business purpose or as
	otherwise required by law.
	SECTION 3.  This Act takes effect September 1, 2013.
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