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HB 3561, if passed, would modify the Property Code (Title 4)
by adding a new section (Chapter 30) regarding wrongful eviction. The bill
would add two new damages which could be claimed by those wrongfully evicted.
These are mental anguish (30.002) and exemplary damages (30.003).
Mental anguish damages can be claimed if the property owner
either used or threatened to use violence to convince the claimant to vacate or
abandon the property, or if the property owner knowingly or recklessly
destroyed or seized all or the majority of the claimant’s property located on
the leased premise. Exemplary damages can be claimed if the claimant can prove
via a preponderance of evidence that the eviction was pursued for the sole
purpose of putting the property to more profitable use.
We feel that the intent of this bill is genuinely beneficial.
Use of violence and seizure of property are unacceptable. We also appreciate
the terse and pointed language of the bill as being helpful. Nevertheless we
cannot support the bill in its current form as mental anguish damages do not
require the same preponderance of evidence standard as the exemplary damages.
If a certain reasonable level of evidence needed to be presented to a court to
claim exemplary damages, then the bill would at least be less objectionable.
As it currently stands, HB 3561 overcompensates by moving
from the current situation where property may have the opportunity to be abusive toward tenants to a
potential situation where claimants can be awarded damages for unsubstantiated
claims. We oppose HB 3561