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A BILL TO BE ENTITLED
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AN ACT
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relating to a residential landlord's and tenant's duties regarding |
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the provision of certain information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.020, Property Code, is amended by |
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adding Subsections (e), (f), and (g) to read as follows: |
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(e) Not later than the second business day after the date |
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that a landlord becomes aware that a telephone number provided by |
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the landlord to a tenant under Subsection (a) or (d) becomes |
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incorrect, the landlord shall: |
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(1) if Subsection (a) applies to the landlord, post a |
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notice of the change, including the correct telephone number, in |
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the manner required by Subsection (b); and |
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(2) regardless of whether Subsection (a) applies to |
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the landlord, give written notice of the change, including the |
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correct telephone number, to the tenant in the same language as the |
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lease signed by the tenant by: |
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(A) mail or personal delivery; |
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(B) electronic means other than e-mail, |
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including by text message or through an online portal to which the |
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tenant has access; or |
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(C) e-mail if the tenant has: |
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(i) previously communicated with the |
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landlord by e-mail; or |
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(ii) provided an e-mail address to the |
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landlord. |
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(f) The tenant of a landlord who violates Subsection (e) may |
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obtain a court order requiring the landlord to provide a correct |
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telephone number in accordance with this section. |
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(g) Notwithstanding Subsections (e) and (f), if a state of |
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disaster declared by the governor under Section 418.014, Government |
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Code, interferes with a landlord's ability to provide a correct |
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telephone number in accordance with this section, the landlord may |
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provide the telephone number at any time on or before the 30th day |
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after the date the state of disaster is declared. |
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SECTION 2. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.0201 to read as follows: |
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Sec. 92.0201. TENANT'S DUTY TO PROVIDE CONTACT INFORMATION. |
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(a) A tenant shall provide contact information, including a |
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telephone number and e-mail address, as applicable, to the landlord |
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within a reasonable time after the beginning of the lease term. |
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(b) Not later than the second business day after the date |
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that a tenant becomes aware that information provided by the tenant |
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to the landlord under Subsection (a) becomes incorrect, the tenant |
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shall give written notice of the change, including the correct |
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information, to the landlord by: |
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(1) mail or personal delivery; |
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(2) electronic means other than e-mail, including by |
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text message or through an online portal to which the tenant has |
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access, if the tenant has: |
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(A) previously communicated with the landlord by |
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the electronic means; or |
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(B) provided the applicable electronic contact |
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information to the landlord; or |
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(3) e-mail, if the tenant has: |
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(A) previously communicated with the landlord by |
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e-mail; or |
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(B) provided an e-mail address to the landlord. |
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(c) Notwithstanding any other law, a tenant is not entitled |
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to a remedy under Section 92.020(f) or 92.205(a) unless the tenant |
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is in compliance with this section. |
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SECTION 3. The heading to Section 92.201, Property Code, is |
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amended to read as follows: |
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Sec. 92.201. DISCLOSURE OF OWNERSHIP AND MANAGEMENT; |
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CONTACT INFORMATION. |
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SECTION 4. Sections 92.201(a) and (e), Property Code, are |
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amended to read as follows: |
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(a) A landlord shall disclose to a tenant, or to any |
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government official or employee acting in an official capacity, |
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according to this subchapter: |
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(1) the name and either a street or post office box |
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address of the holder of record title, according to the deed records |
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in the county clerk's office, of the dwelling rented by the tenant |
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or inquired about by the government official or employee acting in |
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an official capacity; [and] |
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(2) if an entity located off-site from the dwelling is |
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primarily responsible for managing the dwelling, the name and |
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street address of the management company; and |
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(3) a telephone number, e-mail address, or other |
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reasonable method for contacting the landlord or management company |
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during normal business hours. |
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(e) A correction to the information disclosed to a |
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government official or employee under this section may be made by |
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any of the methods authorized for providing the information. |
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SECTION 5. Section 92.203, Property Code, is amended to |
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read as follows: |
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Sec. 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION |
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PROVIDED TO TENANT. A landlord who has provided information under |
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Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable |
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to a tenant according to this subchapter if: |
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(1) the information becomes incorrect [because a name |
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or address changes]; and |
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(2) the landlord fails to correct the information on |
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or before the seventh day after the date the tenant gives the |
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landlord written notice that the tenant may exercise the remedies |
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under this subchapter if the corrected information is not provided |
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within seven days. |
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SECTION 6. Section 92.204, Property Code, is amended to |
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read as follows: |
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Sec. 92.204. BAD FAITH VIOLATION. A landlord acts in bad |
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faith and is liable according to this subchapter if the landlord |
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gives an incorrect name, [or] address, telephone number, e-mail |
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address, or other method of contact under [Subsection (a) of] |
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Section 92.201(a) [92.201] by wilfully: |
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(1) disclosing incorrect information under Section |
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92.201(b)(1) or (2) or Section 92.201(d); or |
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(2) failing to correct information given under Section |
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92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is |
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incorrect. |
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SECTION 7. Section 92.205, Property Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Subject to Subsection (a-1), a [A] tenant of a landlord |
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who is liable under Section 92.202, 92.203, or 92.204 may obtain or |
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exercise one or more of the following remedies: |
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(1) a court order directing the landlord to make a |
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disclosure required by this subchapter; |
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(2) a judgment against the landlord for an amount |
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equal to the tenant's actual costs in discovering the information |
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required to be disclosed by this subchapter; |
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(3) a judgment against the landlord for one month's |
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rent plus $100; |
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(4) a judgment against the landlord for court costs |
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and attorney's fees; and |
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(5) unilateral termination of the lease without a |
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court proceeding. |
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(a-1) A tenant of a landlord who is liable under Section |
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92.202, 92.203, or 92.204 is entitled to: |
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(1) one or more of the remedies available under |
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Subsection (a), if the tenant suffers damages caused by the |
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landlord's failure to make a disclosure required by this |
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subchapter; or |
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(2) only the remedy available under Subsection (a)(1), |
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if the tenant does not suffer damages caused by the landlord's |
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failure to make a disclosure required by this subchapter. |
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SECTION 8. (a) The changes in law made by this Act to |
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Sections 92.201(a) and 92.204, Property Code, apply only to |
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disclosure of contact information made on or after the effective |
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date of this Act. Disclosure of contact information made before the |
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effective date of this Act is governed by the law in effect on the |
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date the disclosure was made, and that law is continued in effect |
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for that purpose. |
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(b) The changes in law made by this Act to Sections 92.203 |
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and 92.205, Property Code, apply only to liability for failure to |
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correct contact information given on or after the effective date of |
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this Act. Liability for failure to correct contact information |
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given before the effective date of this Act is governed by the law |
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in effect when the contact information was given, and that law is |
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continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2025. |