bill barring evictions over justified use of force

The text as introduced · 677 words

89R532 PRL-F

By: Isaac
H.B. No. 2879

A BILL TO BE ENTITLED

AN ACT

relating to the justified use of force, including deadly force, by

certain persons on certain residential property or manufactured

home community property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 82.002(c-1), Property Code, is amended

to read as follows:

(c-1) Sections [ Section ] 82.121 and 82.122 apply [ applies ]

to a condominium for which the declaration was recorded before

January 1, 1994.

SECTION 2. Subchapter C, Chapter 82, Property Code, is

amended by adding Section 82.122 to read as follows:

Sec. 82.122. JUSTIFIED USE OF FORCE ON CONDOMINIUM

PROPERTY. (a) An association or board may not levy a fine or

otherwise take adverse action against a unit owner based on the use

of force, including deadly force, that is justified under Chapter

9, Penal Code, on condominium property by:

(1) the unit owner;

(2) a tenant or guest of the unit owner; or

(3) a guest of a tenant of the unit owner.

(b) For purposes of this section, there is an irrebuttable

presumption that a person's use of force is justified if:

(1) the person is found not guilty of each offense

arising out of the use of force with which the person is charged;

(2) a grand jury declines to indict the person for an

offense arising out of the use of force; or

(3) the prosecutor having jurisdiction to prosecute an

offense arising out of the use of force declines to prosecute the

person who used the force for an offense arising out of the use of

force.

(c) This section applies notwithstanding any provision of a

dedicatory instrument to the contrary and regardless of the date of

the provision's adoption.

SECTION 3. Subchapter A, Chapter 92, Property Code, is

amended by adding Section 92.027 to read as follows:

Sec. 92.027. JUSTIFIED USE OF FORCE ON LEASED PREMISES. (a)

A landlord may not evict or threaten to evict a tenant based on the

use of force, including deadly force, that is justified under

Chapter 9, Penal Code, on the premises by:

(1) the tenant; or

(2) a guest of the tenant.

(b) For purposes of this section, there is an irrebuttable

presumption that a person's use of force is justified if:

(1) the person is found not guilty of each offense

arising out of the use of force with which the person is charged;

(2) a grand jury declines to indict the person for an

offense arising out of the use of force; or

(3) the prosecutor having jurisdiction to prosecute an

offense arising out of the use of force declines to prosecute the

person who used the force for an offense arising out of the use of

force.

SECTION 4. Subchapter F, Chapter 94, Property Code, is

amended by adding Section 94.258 to read as follows:

Sec. 94.258. JUSTIFIED USE OF FORCE ON LEASED PREMISES. (a)

A landlord may not evict or threaten to evict a tenant based on the

use of force, including deadly force, that is justified under

Chapter 9, Penal Code, on the premises by:

(1) the tenant; or

(2) a guest of the tenant.

(b) For purposes of this section, there is an irrebuttable

presumption that a person's use of force is justified if:

(1) the person is found not guilty of each offense

arising out of the use of force with which the person is charged;

(2) a grand jury declines to indict the person for an

offense arising out of the use of force; or

(3) the prosecutor having jurisdiction to prosecute an

offense arising out of the use of force declines to prosecute the

person who used the force for an offense arising out of the use of

force.

SECTION 5. Sections 92.027 and 94.258, Property Code, as

added by this Act, do not affect the enforceability of a provision

in a lease agreement entered into or renewed before the effective

date of this Act.

SECTION 6. This Act takes effect September 1, 2025.