H.B. No. 2803         AN ACT   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)  [, or] trafficking of persons as described by   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 makes a report regarding   the activity described by Subdivision (1) to a local law   enforcement agency with jurisdiction over the unlawful activity;                (3)  the complaining tenant gives the landlord written   notice of the offending tenant's engagement in the unlawful   activity, including:                      (A)  a statement of the basis for the complaining   tenant's reasonable belief that the offending tenant is engaging in   the activity; and                      (B)  a copy of the report described by Subdivision   (2); and                (4)  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)(3), 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)(3).          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, 2021.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 2803 was passed by the House on May   11, 2021, by the following vote:  Yeas 126, Nays 17, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 2803 was passed by the Senate on May   27, 2021, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor