85R9514 PMO-D     By: Rodriguez of Travis H.B. No. 4135       A BILL TO BE ENTITLED   AN ACT   relating to the right to vacate and avoid residential lease   liability following the occurrence of family violence.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 92.016, Property Code, is amended by   amending Subsections (b), (c), and (c-1) and adding Subsection   (b-1) 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 if the tenant complies with Subsection (c).          (b-1)  A tenant may obtain relief under Subsection (b) if the   tenant [and] provides the landlord or the landlord's agent:                (1)  a copy of one or more of the following orders   protecting the tenant or an occupant from family violence:                      (A) [(1)]  a temporary injunction issued under   Subchapter F, Chapter 6, Family Code;                      (B) [(2)]  a temporary ex parte order issued under   Chapter 83, Family Code; or                      (C) [(3)]  a protective order issued under   Chapter 85, Family Code; or                (2)  a copy of:                      (A)  documentation of the family violence from:                            (i)  a licensed health care services   provider who examined the victim;                            (ii)  a licensed mental health services   provider who examined or evaluated the victim; or                            (iii)  an individual authorized under   Chapter 420, Government Code, who provided services to the victim;                      (B)  a law enforcement incident report or, if a   law enforcement incident report is unavailable, another record   maintained in the ordinary course of business by a law enforcement   agency; and                      (C)  if the report or record described by   Paragraph (B) identifies the victim by means of a pseudonym, as   defined by Article 57A.01, Code of Criminal Procedure, a copy of a   pseudonym form completed and returned under Article 57A.02 of that   code.          (c)  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)  a judge signs an order described by Subsection   (b-1)(1) if the tenant obtained such an order [(b)];                (2)  the tenant provides a copy of the relevant   documentation described by Subsection (b-1)(1) or (2), as   applicable, [(b)] to the landlord;                (3)  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;                (4)  the 30th day after the date the tenant provided   notice under Subdivision (3) expires; and                (5)  the tenant vacates the dwelling.          (c-1)  If the family violence is committed by a cotenant or   occupant of the dwelling, a tenant may exercise the right to   terminate the lease under the procedures provided by Subsection   (b-1)(1)(A) or (C) or (b-1)(2) [(b)(1) or (3)] and Subsection (c),   except that the tenant is not required to provide the notice   described by Subsection (c)(3).          SECTION 2.  Section 92.016, Property Code, as amended by   this Act, applies only to a lease entered into or renewed on or   after the effective date of this Act. A lease entered into or   renewed before the effective date of this Act is governed by the law   as it existed 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, 2017.