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A BILL TO BE ENTITLED
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AN ACT
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relating to a student's right to vacate and avoid liability under a |
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residential lease following certain declared disasters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.0171 to read as follows: |
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Sec. 92.0171. STUDENT'S RIGHT TO VACATE AND AVOID LIABILITY |
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FOLLOWING DECLARED DISASTER. (a) In this section, "institution of |
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higher education" means an institution of higher education or a |
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private or independent institution of higher education, as those |
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terms are defined by Section 61.003, Education Code. |
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(b) A tenant who is enrolled as a student at an institution |
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of higher education may terminate the tenant's rights and |
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obligations under a lease and may vacate the dwelling and avoid |
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liability for future rent and any other sums due under the lease for |
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terminating the lease and vacating the dwelling before the end of |
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the lease term if: |
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(1) the dwelling and the institution of higher |
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education at which the student is enrolled are located in an area |
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for which the governor has declared a state of disaster under |
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Subchapter B, Chapter 418, Government Code; and |
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(2) as a result of the declared state of disaster, the |
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institution of higher education's campus is closed to students for |
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a period of 30 days or more and the tenant is unable to attend |
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classes in person. |
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(c) A tenant may exercise the rights to terminate the lease |
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under Subsection (b), vacate the dwelling before the end of the |
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lease term, and avoid liability after the tenant: |
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(1) notifies the landlord in writing of the tenant's |
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intent to vacate the dwelling before the end of the lease term; and |
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(2) provides evidence to the landlord that the tenant |
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satisfies the requirements of Subsection (b). |
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(d) This section does not affect the obligations or |
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liability of the tenant under the lease before the lease is |
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terminated under this section, including the liability of the |
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tenant for: |
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(1) delinquent, unpaid rent; and |
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(2) damages to the leased premises not caused by |
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normal wear and tear. |
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SECTION 2. Section 92.0171, Property Code, as added by this |
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Act, applies only to a lease agreement entered into or renewed on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect January 1, 2022. |