Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Burnam H.B. No. 2852
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to tenant reporting and tenant reporting services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 92, Property Code, is amended by adding
1-5 Subchapter I, to read as follows:
1-6 SUBCHAPTER I. TENANT REPORTING.
1-7 Sec. 92.350. TENANT REPORTING SERVICES. As used in this
1-8 Subchapter "tenant reporting service" means a person or
1-9 organization engaging in the practice of assembling or reporting
1-10 information regarding individual residential tenants, for the
1-11 purpose of furnishing such tenant information to third parties.
1-12 Sec. 92.351. PROHIBITION AGAINST SUBMITTING FALSE OR
1-13 DISPUTED MATTERS. (a) A person who knowingly furnishes false
1-14 tenant information regarding another person to a tenant reporting
1-15 service is liable to the tenant for actual damages, plus a civil
1-16 penalty of $500, court costs and reasonable and necessary
1-17 attorney's fees.
1-18 (b) If a tenant has exercised a right to unilaterally
1-19 terminate the lease, withhold rent, use the security deposit for
1-20 rent, or repair and deduct, according to this Chapter, the landlord
1-21 and management company may not issue statements to a tenant
1-22 reporting service regarding any claim the landlord or management
1-23 company may have against the tenant based upon an alleged improper
1-24 exercise unless such a claim has been judicially determined.
2-1 Sec. 92.352. RIGHT TO NOTICE OF REPORT USED. If a landlord
2-2 or management company rejects a prospective tenant based in whole
2-3 or in part on information provided by a tenant reporting service,
2-4 the landlord or management company must inform the tenant, upon
2-5 request within five days, of the name, address and telephone number
2-6 of the tenant reporting service and the information obtained from
2-7 the tenant reporting service, and give a copy of any written report
2-8 without charge to the tenant.
2-9 Sec. 92.353. REMEDIES FOR VIOLATION. (a) In addition to
2-10 other remedies provided by law, a landlord or management company
2-11 who violates any provision of this Subchapter is liable to the
2-12 tenant for actual damages, plus a civil penalty of $500, court
2-13 costs and reasonable and necessary attorney's fees.
2-14 (b) In addition to the remedies provided in Subsection (a)
2-15 of this Section, if a landlord or management company is notified of
2-16 a violation of any provision of this Subchapter in writing, and
2-17 fails to withdraw or otherwise correct the information given to the
2-18 tenant reporting service within 10 days, then the tenant is further
2-19 entitled to injunctive relief, and an additional civil penalty of
2-20 $1,000.
2-21 SECTION 2. This Act takes effect September 1, 1997.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.