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.