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78R1992 KCR-D
By: Christian H.B. No. 427
A BILL TO BE ENTITLED
AN ACT
relating to leased property that is prone to flooding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0082 to read as follows:
Sec. 92.0082. DISCLOSURE THAT DWELLING LIES WITHIN A FLOOD
ZONE. (a) Before signing a written lease or entering into an oral
lease with a prospective tenant, a landlord or landlord's agent
must inform a prospective tenant in a written document signed by
both the landlord or the landlord's agent and the prospective
tenant that the dwelling that is the subject of the lease lies
within a flood zone.
(b) For the purposes of this section, "flood zone" means any
area of land in the 100-year floodplain that is susceptible to being
inundated by water from any source, any area of land that has been
identified by the Federal Emergency Management Agency under the
National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et
seq.), or any area of land that borders any river, stream, or other
natural body of water and is typically subject to flooding at least
once per calendar year.
(c) If a landlord or a landlord's agent violates this
section and a tenant suffers loss of or damage to the tenant's
personal property as a result of a flood, the tenant:
(1) may terminate the lease or maintain possession of
the premises under the terms of the lease; and
(2) is entitled to recover from the landlord the
following amounts, less any delinquent rent or other sum for which
the tenant is liable to the landlord:
(A) the tenant's actual damages;
(B) the greater of one month's rent or $500; and
(C) reasonable attorney's fees and court costs
incurred in recovering the amounts in Paragraphs (A) and (B).
(d) It is a defense under this section that, at the time the
parties signed or entered into the lease, the landlord or
landlord's agent did not know that the dwelling that is the subject
of the lease lies within a flood zone.
SECTION 2. Section 94.053, Property Code, is amended by
amending Subsection (c) and adding Subsections (f) and (g) to read
as follows:
(c) A lease agreement must contain the following
information:
(1) the address or number of the manufactured home lot
and the number and location of any accompanying parking spaces;
(2) the lease term;
(3) the rental amount;
(4) the interval at which rent must be paid and the
date on which periodic rental payments are due;
(5) any late charge or fee or charge for any service or
facility;
(6) the amount of any security deposit;
(7) a description of the landlord's maintenance
responsibilities;
(8) the telephone number of the person who may be
contacted for emergency maintenance;
(9) the name and address of the person designated to
accept official notices for the landlord;
(10) the penalty the landlord may impose for the
tenant's early termination as provided by Section 94.201;
(11) the grounds for eviction as provided by
Subchapter E;
(12) a disclosure of the landlord's right to terminate
the lease agreement if there is a change in the land use of the
manufactured home community during the lease term as provided by
Section 94.204;
(13) a disclosure of any incorporation by reference of
an addendum relating to submetering of utility services;
(14) a prominent disclosure informing the tenant that
Chapter 94, Property Code, governs certain rights granted to the
tenant and obligations imposed on the landlord by law;
(15) if there is a temporary zoning permit for the land
use of the manufactured home community, the date the zoning permit
expires; [and]
(16) any other terms or conditions of occupancy not
expressly included in the manufactured home community rules; and
(17) a disclosure, if applicable, that the
manufactured home lot that is the subject of the lease agreement or
any other manufactured home lot abutting the manufactured home lot
that is the subject of the lease agreement lies within a flood zone
as defined by Section 92.0082(b).
(f) If a landlord or a landlord's agent violates Subsection
(c)(17) and a tenant suffers loss of or damage to the tenant's
personal property as a result of a flood, the tenant:
(1) may terminate the lease or maintain possession of
the premises under the terms of the lease; and
(2) is entitled to recover from the landlord the
following amounts, less any delinquent rent or other sum for which
the tenant is liable to the landlord:
(A) the tenant's actual damages;
(B) the greater of one month's rent or $500; and
(C) reasonable attorney's fees and court costs
incurred in recovering the amounts in Paragraphs (A) and (B).
(g) It is a defense under Subsection (f) that, at the time
the parties signed or entered into the lease agreement, the
landlord or landlord's agent did not know that the manufactured
home lot that is the subject of the lease agreement or any other
manufactured home lot abutting the manufactured home lot that is
the subject of the lease agreement lies within a flood zone.
SECTION 3. Chapter 93, Property Code, is amended by adding
Section 93.013 to read as follows:
Sec. 93.013. DISCLOSURE THAT COMMERCIAL RENTAL PROPERTY
LIES WITHIN A FLOOD ZONE. (a) Before signing a written lease or
entering into an oral lease with a prospective tenant, a landlord or
landlord's agent must inform a prospective tenant in a written
document signed by both the landlord or the landlord's agent and the
prospective tenant that the commercial rental property that is the
subject of the lease lies within a flood zone.
(b) For the purposes of this section, "flood zone" means any
area of land in the 100-year floodplain that is susceptible to being
inundated by water from any source, any area of land that has been
identified by the Federal Emergency Management Agency under the
National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et
seq.), or any area of land that borders any river, stream, or other
natural body of water and is typically subject to flooding at least
once per calendar year.
(c) If a landlord or a landlord's agent violates this
section and a tenant suffers loss of or damage to the tenant's
personal property as a result of a flood, the tenant:
(1) may terminate the lease or maintain possession of
the premises under the terms of the lease; and
(2) is entitled to recover from the landlord the
following amounts, less any delinquent rent or other sum for which
the tenant is liable to the landlord:
(A) the tenant's actual damages;
(B) the greater of one month's rent or $500; and
(C) reasonable attorney's fees and court costs
incurred in recovering the amounts in Paragraphs (A) and (B).
(d) It is a defense under this section that, at the time the
parties signed or entered into the lease, the landlord or
landlord's agent did not know that the commercial rental property
that is the subject of the lease lies within a flood zone.
SECTION 4. This Act takes effect September 1, 2003, and
applies only to a lease or lease agreement signed or entered into on
or after that date. Any lease or lease agreement signed or entered
into before September 1, 2003, is governed by the law as it existed
at the time the lease or lease agreement was signed, and the former
law is continued in effect for that purpose.