By Turner of Harris                                   H.B. No. 1760
         77R4826 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to disclosure of certain information concerning owners and
 1-3     managers of residential rental property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 92.201(a), Property Code, is amended to
 1-6     read as follows:
 1-7           (a)  A landlord shall disclose to a tenant, or to any
 1-8     government official or employee acting in an official capacity,
 1-9     according to this subchapter:
1-10                 (1)  the name, [and] either a street or post office box
1-11     address, and phone number of the holder of record title, according
1-12     to the deed records in the county clerk's office, of the dwelling
1-13     rented by the tenant or inquired about by the government official
1-14     or employee acting in an official capacity; and
1-15                 (2)  if an entity located off-site from the dwelling is
1-16     primarily responsible for managing the dwelling, the name, [and]
1-17     street address, and phone number of the management company.
1-18           SECTION 2.  Sections 92.203 and 92.204, Property Code, are
1-19     amended to read as follows:
1-20           Sec. 92.203.  LANDLORD'S FAILURE TO CORRECT INFORMATION.  A
1-21     landlord who has provided information under Section 92.201(b)(2) or
1-22     (3) [Subdivision (2) or (3) of Subsection (b) of Section 92.201] is
1-23     liable to a tenant according to this subchapter if:
1-24                 (1)  the information becomes incorrect because a name,
 2-1     [or] address, or phone number changes; and
 2-2                 (2)  the landlord fails to correct the information on
 2-3     or before the seventh day after the date the tenant gives the
 2-4     landlord written notice that the tenant may exercise the remedies
 2-5     under this subchapter if the corrected information is not provided
 2-6     within seven days.
 2-7           Sec. 92.204.  BAD FAITH VIOLATION.  A landlord acts in bad
 2-8     faith and is liable according to this subchapter if the landlord
 2-9     gives an incorrect name, [or] address, or phone number under
2-10     Section 92.201(a) [Subsection (a)  of Section 92.201] by wilfully:
2-11                 (1)  disclosing incorrect information under Section
2-12     92.201(b)(1) or (2) or Section 92.201(d); or
2-13                 (2)  failing to correct information given under Section
2-14     92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is
2-15     incorrect.
2-16           SECTION 3.  (a)  The changes in law made by this Act to
2-17     Sections 92.201(a) and 92.204, Property Code, apply only to
2-18     disclosure of phone number information in response to a request for
2-19     that information made on or after the effective date of this Act.
2-20     Disclosure of phone number information in response to a request for
2-21     that information made before the effective date of this Act is
2-22     governed by the law in effect on the date the request was made, and
2-23     that law is continued in effect for that purpose.
2-24           (b)  The change in law made by this Act to Section 92.203,
2-25     Property Code, applies only to liability for failure to correct
2-26     phone number information in response to written notice from a
2-27     tenant under Section 92.203(2) given on or after the effective date
 3-1     of this Act.  Liability for failure to correct phone number
 3-2     information in response to written notice from a tenant given
 3-3     before the effective date of this Act is governed by the law in
 3-4     effect when the notice was given, and that law is continued in
 3-5     effect for that purpose.
 3-6           SECTION 4.  This Act takes effect September 1, 2001.