80R10136 AJA-D
 
  By: Bailey H.B. No. 177
 
Substitute the following for H.B. No. 177:
 
  By:  Elkins C.S.H.B. No. 177
 
A BILL TO BE ENTITLED
AN ACT
relating to provision of hot water service to residential rental
units.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 92.052(a), Property Code, is amended to
read as follows:
       (a)  A landlord shall make a diligent effort to repair or
remedy a condition if:
             (1)  the tenant specifies the condition in a notice to
the person to whom or to the place where rent is normally paid;
             (2)  the tenant is not delinquent in the payment of rent
at the time notice is given; and
             (3)  the condition:
                   (A)  materially affects the physical health or
safety of an ordinary tenant; or
                   (B)  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.
       SECTION 2.  The change in law made by this Act to Section
92.052, Property Code, applies only to a notice under that section
that is made on or after the effective date of this Act. A notice
under that section made before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
       SECTION 3.  This Act takes effect September 1, 2007.