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A BILL TO BE ENTITLED
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AN ACT
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relating to the duties of care of certain landlords regarding |
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disasters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 92, Property Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. LANDLORD'S DUTIES OF CARE REGARDING DISASTERS |
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Sec. 92.401. DEFINITIONS. In this subchapter: |
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(1) "Authorized resident" means a tenant or an |
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individual who is authorized by a lease to occupy a dwelling but who |
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is not obligated under the lease to pay rent. |
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(2) "Child," "disabled individual," and "elderly |
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individual" have the meanings assigned by Section 22.04, Penal |
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Code. |
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(3) "Disaster" has the meaning assigned by Section |
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418.004, Government Code. |
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(4) "Landlord" and "multiunit complex" have the |
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meanings assigned by Section 92.151. |
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Sec. 92.402. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to the landlord of a multiunit complex in which any |
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authorized resident is an elderly individual, disabled individual, |
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or child. |
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Sec. 92.403. DUTIES OF CARE. (a) A landlord to whom this |
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subchapter applies has the following duties of care: |
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(1) a duty to take all reasonable and necessary |
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precautions to protect residents of the multiunit complex from |
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foreseeable harm during a disaster; |
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(2) a duty to understand and prepare for conditions |
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that are more likely to affect an elderly or disabled individual or |
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child during a disaster, such as the need for mobility assistance |
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during evacuation or the need to access medication or medical |
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support; |
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(3) a duty to ensure that the staff of the complex are |
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trained and available to assist with resident needs during a |
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disaster; |
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(4) a duty to inform residents about dangers that may |
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arise in a disaster and provide instruction on how to respond to |
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those dangers; and |
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(5) a duty not to abandon the complex during a disaster |
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unless a mandatory evacuation of the area has been ordered under |
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Section 418.185, Government Code. |
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(b) The duty described by Subsection (a)(4) includes a duty |
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to implement a reliable system to alert residents of imminent |
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dangers and to provide clear and accessible information about |
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disaster plans and evacuation procedures. |
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Sec. 92.404. CAUSE OF ACTION. An authorized resident may |
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bring an action to recover damages resulting from a landlord's |
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breach of a duty of care imposed by Section 92.403. |
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Sec. 92.405. EFFECT ON OTHER DUTIES. Nothing in this |
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subchapter affects a duty of a landlord that exists under other law. |
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SECTION 2. This Act takes effect September 1, 2025. |