By Turner of Harris H.B. No. 561
74R2550 PAM-F
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, 92.202, 92.203, 92.204, 92.205,
1-6 and 92.206, Property Code, are 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 according to this subchapter:
1-9 (1) the name, business or residential <and either a>
1-10 street address, and <or> post office box address of each <the>
1-11 holder of record title, according to the deed records in the county
1-12 clerk's office, of the dwelling rented by the tenant; and
1-13 (2) if an entity located off-site from the tenant's
1-14 dwelling is primarily responsible for managing the dwelling, the
1-15 name and street address of the management company and the name of
1-16 each owner of the management company.
1-17 (b) Disclosure under Subsection (a) must be made by:
1-18 (1) giving the information in writing to the tenant on
1-19 or before the seventh day after the day the landlord receives the
1-20 tenant's request for the information;
1-21 (2) continuously posting the information in a
1-22 conspicuous place in the dwelling or the office of the on-site
1-23 manager or on the outside of the entry door to the office of the
1-24 on-site manager <on or before the seventh day after the date the
2-1 landlord receives the tenant's request for the information>; and
2-2 <or>
2-3 (3) including the information in a copy of the
2-4 tenant's lease or in written rules given to the tenant <before the
2-5 tenant requests the information>.
2-6 (c) Disclosure of information may be made under Subdivision
2-7 (1) <or (2)> of Subsection (b) before the tenant requests the
2-8 information.
2-9 (d) A correction to the information must <may> be made by
2-10 all <any> of the methods required by Subsection (b) <authorized for
2-11 providing the information>.
2-12 (e) For the purposes of this subchapter <section>, the
2-13 landlord must <an owner or property manager may> disclose the
2-14 <either an actual> name of a natural person unless provided
2-15 otherwise <or names or an assumed name if an assumed name
2-16 certificate has been recorded with the county clerk>.
2-17 (f) If a holder of record title or an owner of a management
2-18 company is not a natural person, the landlord must disclose:
2-19 (1) the name, including any assumed name, street
2-20 address, and post office box address of the entity;
2-21 (2) the name, title, business or residential street
2-22 address, and post office box address of the registered agent,
2-23 general partner, joint venturer, president, officer, or owner of
2-24 the entity; and
2-25 (3) a description of the entity.
2-26 (g) The landlord must also disclose the information required
2-27 by Subsection (f) for each entity disclosed as required by
3-1 Subsection (f).
3-2 Sec. 92.202. Landlord's Failure to Disclose Information.
3-3 <(a)> A landlord is liable to a tenant according to this
3-4 subchapter if the landlord fails to provide the information as
3-5 required by Section 92.201.<:>
3-6 <(1) after the tenant makes a request for information
3-7 under Section 92.201, the landlord does not provide the
3-8 information; and>
3-9 <(2) the landlord does not give the information to the
3-10 tenant before the eighth day after the date the tenant gives the
3-11 landlord written notice that the tenant may exercise his remedies
3-12 under this subchapter if the landlord does not comply with the
3-13 tenant's request for the information within seven days.>
3-14 <(b) If the tenant's lease is in writing, the lease may
3-15 require the tenant's initial request for information to be
3-16 written.>
3-17 Sec. 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION. A
3-18 landlord who has provided information under Subdivision (2) or (3)
3-19 of Subsection (b) of Section 92.201 is liable to a tenant according
3-20 to this subchapter if:
3-21 (1) the information becomes incorrect because a name
3-22 or address changes; and
3-23 (2) the landlord fails to correct the information on
3-24 or before the 30th <seventh> day after the date <the tenant gives>
3-25 the landlord knows or reasonably should know the information is
3-26 incorrect <written notice that the tenant may exercise his remedies
3-27 under this subchapter if the corrected information is not provided
4-1 within seven days>.
4-2 Sec. 92.204. BAD FAITH VIOLATION. A landlord acts in bad
4-3 faith and is liable according to this subchapter if the landlord
4-4 gives an incorrect name or address under Subsection (a) of Section
4-5 92.201 by wilfully:
4-6 (1) disclosing incorrect information under
4-7 <Subdivision (1) or (2) of Subsection (b) of> Section 92.201; or
4-8 (2) failing to correct information given under
4-9 <Subdivision (1) or (2) of Subsection (b) of> Section 92.201 that
4-10 the landlord knows or reasonably should know is incorrect.
4-11 Sec. 92.205. TENANT REMEDIES. (a) A tenant of a landlord
4-12 who is liable under Section 92.202, 92.203, or 92.204 may obtain or
4-13 exercise one or more of the following remedies:
4-14 (1) a court order directing the landlord to make a
4-15 disclosure required by this subchapter;
4-16 (2) a judgment against the landlord for an amount
4-17 equal to the tenant's actual costs in discovering the information
4-18 required to be disclosed by this subchapter;
4-19 (3) a judgment against the landlord for one month's
4-20 rent plus $1,000 <$100>;
4-21 (4) a judgment against the landlord for court costs
4-22 and attorney's fees; and
4-23 (5) unilateral termination of the lease without a
4-24 court proceeding.
4-25 (b) If a landlord acts in bad faith, a tenant may obtain a
4-26 judgment against the landlord for an additional $1,000.
4-27 Sec. 92.206. RENT PAYMENT NOT REQUIRED <LANDLORD'S DEFENSE>.
5-1 <A landlord has a defense to liability under Section 92.202 or
5-2 92.203 if the tenant owes rent on the date the tenant gives a
5-3 notice required by either of those sections.> Rent delinquency is
5-4 not a defense for a violation of this subchapter <Section 92.204>.
5-5 SECTION 2. This Act takes effect September 1, 1995.
5-6 SECTION 3. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.