Our Supremes (Texas Supreme Court, that is) never get involved in eviction cases. Certainly not in commercial evictions. Not that I can recall, anyway.
“Landlord’s failure to enforce any provisions of [the] Lease or its acceptance of late installments of Rent shall not be a waiver and shall not estop Landlord from enforcing that provision or any other provision of [the] Lease in the future.”
See Shields Limited Partnership v. Boo Nathaniel Bradberry and 40/40 Enterprises, Inc.; Case No. 15-0803; Texas Supreme Court; May 12, 2017: http://docs.texasappellate.com/scotx/op/15-0803/2017-05-12.guzman.pdf.