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.