By Turner of Harris H.B. No. 561
Substitute the following for H.B. No. 561:
By Solomons C.S.H.B. No. 561
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disclosure of ownership and management of certain
1-3 rental property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 92.201 through 92.208, Property Code are
1-6 amended to read as follows:
1-7 Sec. 92.201. Disclosure of Ownership and Management. (a) A
1-8 landlord shall disclose to a tenant or to any government official
1-9 or employee acting in an official capacity, according to this
1-10 subchapter:
1-11 (1) the name and either a street or post office box
1-12 address of the holder of record title, according to the deed
1-13 records in the county clerk's office, of the dwelling rented by the
1-14 tenant or inquired about by the government official or employee
1-15 acting in an official capacity; and
1-16 (2) if an entity located offsite from the <tenant's>
1-17 dwelling is primarily responsible for managing the dwelling, the
1-18 name and street address of the management company.
1-19 (b) Disclosure to a tenant under Subsection (a) must be made
1-20 by:
1-21 (1) giving the information in writing to the tenant on
1-22 or before the seventh day after the day the landlord receives the
1-23 tenant's request for the information;
1-24 (2) continuously posting the information in a
2-1 conspicuous place in the dwelling or the office of the onsite
2-2 manager or on the outside of the entry door to the office of the
2-3 onsite manager on or before the seventh day after the date the
2-4 landlord receives the tenant's request for the information; or
2-5 (3) including the information in a copy of the
2-6 tenant's lease or in written rules given to the tenant before the
2-7 tenant requests the information.
2-8 (c) Disclosure of information to a tenant may be made under
2-9 Subdivision (1) or (2) of Subsection (b) before the tenant requests
2-10 the information.
2-11 (d) Disclosure of information to a government official or
2-12 employee must be made by giving the information in writing to the
2-13 official or employee on or before the seventh day after the day the
2-14 landlord receives the request from the official or employee for the
2-15 information.
2-16 <(d)> (e) A correction to the information may be made by any
2-17 of the methods authorized for providing the information.
2-18 <(e)> (f) For the purposes of this section, an owner or
2-19 property manager may disclose either an actual name or names or an
2-20 assumed name if an assumed name certificate has been recorded with
2-21 the county clerk.
2-22 Sec. 92.202. Landlord's Failure to Disclose Information.
2-23 (a) A landlord is liable to a tenant or a governmental body
2-24 according to this subchapter if:
2-25 (1) after the tenant, official, or employee makes a
2-26 request for information under Section 92.201, the landlord does not
2-27 provide the information; and
3-1 (2) the landlord does not give the information to the
3-2 tenant or government official or employee before the eighth day
3-3 after the date the tenant, government official, or employee gives
3-4 the landlord written notice that the tenant, government official,
3-5 or employee may exercise <his> remedies under this subchapter if
3-6 the landlord does not comply with the <tenant's> request by the
3-7 tenant, official, or employee for the information within seven
3-8 days.
3-9 (b) If the tenant's lease is in writing, the lease may
3-10 require the tenant's initial request for information to be written.
3-11 A request by a government official or employee for information must
3-12 be in writing.
3-13 Sec. 92.203. Landlord's Failure to Correct Information. A
3-14 landlord who has provided information under Subdivision (2) or (3)
3-15 of Subsection (b) of Section 92.201 is liable to a tenant according
3-16 to this subchapter if:
3-17 (1) the information becomes incorrect because a name
3-18 or address changes; and
3-19 (2) the landlord fails to correct the information on
3-20 or before the seventh day after the date the tenant gives the
3-21 landlord written notice that the tenant may exercise <his> the
3-22 remedies under this subchapter if the corrected information is not
3-23 provided within seven days.
3-24 Sec. 92.204. Bad Faith Violation. A landlord acts in bad
3-25 faith and is liable according to this subchapter if the landlord
3-26 gives an incorrect name or address under Subsection (a) of Section
3-27 92.201 by wilfully:
4-1 (1) disclosing incorrect information under
4-2 <Subdivision (1) or (2) of Subsection (b) of> Section 92.201(b)(1)
4-3 or (2) or Section 92.201(d); or
4-4 (2) failing to correct information given under
4-5 <Subdivision (1) or (2) of Subsection (b) of> Section 92.201(b)(1)
4-6 or (2) or Section 92.201(d) that the landlord knows is incorrect.
4-7 Sec. 92.205. <Tenant> Remedies. (a) A tenant of a landlord
4-8 who is liable under Section 92.202, 92.203, or 92.204 may obtain or
4-9 exercise one or more of the following remedies:
4-10 (1) a court order directing the landlord to make a
4-11 disclosure required by this subchapter;
4-12 (2) a judgment against the landlord for an amount
4-13 equal to the tenant's actual costs in discovering the information
4-14 required to be disclosed by this subchapter;
4-15 (3) a judgment against the landlord for one month's
4-16 rent plus $100;
4-17 (4) a judgment against the landlord for court costs
4-18 and attorney's fees; and
4-19 (5) unilateral termination of the lease without a
4-20 court proceeding.
4-21 (b) A government body whose official or employee has
4-22 requested information from a landlord who is liable under Section
4-23 92.202, 92.203, or 92.204 may obtain or exercise one or more of the
4-24 following remedies:
4-25 (1) a court order directing the landlord to make a
4-26 disclosure required by this subchapter;
4-27 (2) a judgment against the landlord for an amount
5-1 equal to the government body's actual costs in discovering the
5-2 information required to be disclosed by this subchapter;
5-3 (3) a judgment against the landlord for $500; and
5-4 (4) a judgment against the landlord for court costs
5-5 and attorney's fees.
5-6 Sec. 92.206. Landlord's Defense. A landlord has a defense
5-7 to liability under Section 92.202 or 92.203 if the tenant owes rent
5-8 on the date the tenant gives a notice required by either of those
5-9 sections. Rent delinquency is not a defense for a violation of
5-10 Section 92.204.
5-11 Sec. 92.207. Agents for Delivery of Notice. (a) A managing
5-12 or leasing agent, whether residing or maintaining an office onsite
5-13 or offsite, is the agent of the landlord for purposes of
5-14 (1) notice and other communications required or
5-15 permitted by this subchapter;
5-16 (2) notice and other communications from a government
5-17 body relating to a violation of health, sanitation, safety, or
5-18 nuisance laws on the landlord's property where the dwelling is
5-19 located, including notices of
5-20 (A) demands for abatement of nuisances,
5-21 (B) repair of a substandard dwelling,
5-22 (C) remedy of dangerous conditions,
5-23 (D) reimbursement of costs incurred by the
5-24 government body in curing the violation,
5-25 (E) fines, and
5-26 (F) service of process.
5-27 (b) If the landlord's name and business street address in
6-1 Texas have not been furnished in writing to the tenant or
6-2 government official or employee, the person who collects the rent
6-3 from a tenant is the landlord's authorized agent for all purposes
6-4 contained in Subsection (a).
6-5 Sec. 92.208. Additional Enforcement by Local Ordinance. The
6-6 duties of a landlord and the remedies of a tenant under this
6-7 subchapter are in lieu of the common law, other statutory law, and
6-8 local ordinances relating to the disclosure of ownership and
6-9 management of a dwelling by a landlord to a tenant. However, this
6-10 subchapter does not prohibit the adoption of a local ordinance that
6-11 conforms to this subchapter but which contains additional
6-12 enforcement provisions.
6-13 SECTION 2. This Act takes effect September 1, 1995.
6-14 SECTION 3. The importance of this legislation and the
6-15 crowded condition of the calendars in both houses create an
6-16 emergency and an imperative public necessity that the
6-17 constitutional rule requiring bills to be read on three several
6-18 days in each house be suspended, and this rule is hereby suspended.