BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 177

80R10136 AJA-D                                                                                   By: Bailey et al. (Gallegos)

                                                                                                                        Business & Commerce

                                                                                                                                            5/14/2007

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, landlords are not required to provide tenants with hot water, nor are they required by statute to remedy a case in which the device that heats the water is broken. 

 

There have been situations where a tenant entered a lease agreement and before the lease was terminated the hot water in the unit failed.  Since it is not required that the landlord remedy this particular situation, the landlord refused to do so, leaving the tenant locked in a lease with no hot water.  There have also been situations in which a tenant entered a lease agreement under the impression that the unit had hot water and upon moving in the unit discovered that the unit did not have hot water with the landlord refusing to remedy the situation.  This is an issue that affects sanitation and hygiene. 

 

H.B. 177 specifies that a landlord is responsible for the repair and/or remedy of the device used to supply hot water.  

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 92.052(a), Property Code, to require a landlord to make a diligent effort to repair or remedy a condition that arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit.  Makes nonsubstantive changes.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2007.