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A BILL TO BE ENTITLED
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AN ACT
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relating to a landlord's duty to provide and maintain a functioning |
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air conditioning system or unit in an apartment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.006, Property Code, is amended by |
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adding Subsection (i) to read as follows: |
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(i) A landlord's duty under Section 92.027 to provide and |
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maintain a functioning air conditioning system or unit in an |
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apartment unit may not be waived. |
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SECTION 2. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.027 to read as follows: |
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Sec. 92.027. LANDLORD'S DUTY TO PROVIDE AIR CONDITIONING IN |
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APARTMENT UNIT. A landlord shall provide and maintain in an |
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apartment unit an air conditioning system or unit in good operating |
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condition that maintains inside the apartment unit a temperature |
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equal to the lower of: |
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(1) 85 degrees Fahrenheit; or |
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(2) 10 degrees Fahrenheit below the recorded |
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temperature outside of the apartment unit. |
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SECTION 3. Section 92.052(a), Property Code, is amended to |
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read as follows: |
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(a) A landlord shall make a diligent effort to repair or |
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remedy a condition if: |
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(1) the tenant specifies the condition in a notice to |
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the person to whom or to the place where rent is normally paid; |
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(2) the tenant is not delinquent in the payment of rent |
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at the time notice is given; and |
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(3) the condition: |
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(A) materially affects the physical health or |
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safety of an ordinary tenant; or |
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(B) arises from the landlord's failure to provide |
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and maintain in good operating condition: |
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(i) a device to supply hot water of a |
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minimum temperature of 120 degrees Fahrenheit; or |
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(ii) an air conditioning system or unit as |
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required by Section 92.027. |
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SECTION 4. Section 92.056, Property Code, is amended by |
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amending Subsections (b) and (d) and adding Subsections (h) and (i) |
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to read as follows: |
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(b) A landlord is liable to a tenant as provided by this |
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subchapter if: |
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(1) the tenant has given the landlord notice to repair |
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or remedy a condition by giving that notice to the person to whom or |
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to the place where the tenant's rent is normally paid; |
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(2) the condition: |
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(A) materially affects the physical health or |
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safety of an ordinary tenant; or |
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(B) arises from the landlord's failure to provide |
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and maintain in good operating condition an air conditioning system |
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or unit as required by Section 92.027; |
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(3) the tenant has given the landlord a subsequent |
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written notice to repair or remedy the condition after a reasonable |
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time to repair or remedy the condition following the notice given |
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under Subdivision (1) or the tenant has given the notice under |
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Subdivision (1) by sending that notice by certified mail, return |
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receipt requested, by registered mail, or by another form of mail |
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that allows tracking of delivery from the United States Postal |
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Service or a private delivery service; |
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(4) the landlord has had a reasonable time to repair or |
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remedy the condition after the landlord received the tenant's |
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notice under Subdivision (1) and, if applicable, the tenant's |
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subsequent notice under Subdivision (3); |
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(5) the landlord has not made a diligent effort to |
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repair or remedy the condition after the landlord received the |
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tenant's notice under Subdivision (1) and, if applicable, the |
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tenant's notice under Subdivision (3); and |
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(6) the tenant was not delinquent in the payment of |
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rent at the time any notice required by this subsection was given. |
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(d) For purposes of Subsection (b)(3) or (4), in determining |
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whether a period of time is a reasonable time to repair or remedy a |
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condition, there is a rebuttable presumption that seven days is a |
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reasonable time, except that five days is a reasonable time if the |
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condition arises from the landlord's failure to provide and |
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maintain in good operating condition an air conditioning system or |
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unit as required by Section 92.027. To rebut that presumption, the |
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date on which the landlord received the tenant's notice, the |
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severity and nature of the condition, and the reasonable |
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availability of materials and labor and of utilities from a utility |
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company must be considered. |
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(h) If a landlord is liable to a tenant under Subsection |
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(b)(2)(B), the landlord shall provide at no cost to the tenant: |
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(1) a portable air conditioning unit that maintains |
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the temperature required by Section 92.027; or |
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(2) alternative housing accommodations maintained at |
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the temperature required by Section 92.027. |
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(i) For purposes of Subsection (h), a portable air |
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conditioning unit may be a portable window or floor unit or an |
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evaporative cooler. The term does not include a portable fan that |
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is not designed to lower the temperature of air in an enclosed |
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space. |
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SECTION 5. The changes in law made by this Act apply only to |
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a residential lease or rental agreement entered into or renewed on |
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or after the effective date of this Act. A residential lease or |
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rental agreement entered into or renewed before the effective date |
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of this Act is governed by the law applicable to the lease or rental |
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agreement immediately before that date, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |