| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to notice requirements for a leased dwelling located in a |
|
|
floodplain. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 92.0135, Property Code, is amended by |
|
|
amending Subsection (b) and adding Subsection (b-1) to read as |
|
|
follows: |
|
|
(b) Except as provided by Subsection (b-1), a [A] landlord |
|
|
shall provide to a tenant a written notice substantially equivalent |
|
|
to the following: |
|
|
"(Landlord) ( ) is or ( ) is not aware that the dwelling you |
|
|
are renting is located in a 100-year floodplain. If neither box is |
|
|
checked, you should assume the dwelling is in a 100-year |
|
|
floodplain. Even if the dwelling is not in a 100-year floodplain, |
|
|
the dwelling may still be susceptible to flooding. The Federal |
|
|
Emergency Management Agency (FEMA) maintains a flood map on its |
|
|
Internet website that is searchable by address, at no cost, to |
|
|
determine if a dwelling is located in a flood hazard area. Most |
|
|
tenant insurance policies do not cover damages or loss incurred in a |
|
|
flood. You should seek insurance coverage that would cover losses |
|
|
caused by a flood." |
|
|
(b-1) Notice under Subsection (b) is not required for a |
|
|
tenant under: |
|
|
(1) a lease with a term of less than 30 days; or |
|
|
(2) a temporary residential tenancy created by a |
|
|
contract for sale in which the buyer occupies the property before |
|
|
closing or the seller occupies the property after closing for a |
|
|
specific term not greater than 90 days. |
|
|
SECTION 2. Section 92.0135(b-1), Property Code, as added by |
|
|
this Act, applies only to a lease agreement entered into or renewed |
|
|
on or after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |