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A BILL TO BE ENTITLED
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AN ACT
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relating to provision of hot water service to residential rental |
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units. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.052(a), Property Code, is amended to |
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read as follows: |
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(a) A landlord shall make a diligent effort to repair or |
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remedy a condition if: |
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(1) the tenant specifies the condition in a notice to |
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the person to whom or to the place where rent is normally paid; |
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(2) the tenant is not delinquent in the payment of rent |
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at the time notice is given; and |
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(3) the condition: |
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(A) materially affects the physical health or |
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safety of an ordinary tenant; or |
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(B) arises from the landlord's failure to comply |
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with Section 92.0521. |
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SECTION 2. Subchapter B, Chapter 92, Property Code, is |
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amended by adding Section 92.0521 to read as follows: |
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Sec. 92.0521. PROVISION OF HOT WATER. A landlord shall: |
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(1) provide and maintain in good operating condition a |
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device to supply hot water of a minimum temperature of 120 degrees |
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Fahrenheit; and |
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(2) provide, maintain, and connect to a cold and hot |
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water source: |
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(A) a bathtub or shower in a room affording |
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privacy to the user; and |
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(B) a lavatory in a dwelling unit. |
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SECTION 3. Section 92.0563(a), Property Code, is amended to |
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read as follows: |
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(a) A tenant's judicial remedies under Section 92.056 shall |
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include: |
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(1) an order directing the landlord to take reasonable |
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action to repair or remedy the condition; |
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(2) an order reducing the tenant's rent, from the date |
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of the first repair notice, in proportion to the reduced rental |
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value resulting from the condition until the condition is repaired |
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or remedied; |
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(3) a judgment against the landlord for a civil |
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penalty of one month's rent plus: |
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(A) $1,000 for each day after the date of the |
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first repair notice that the landlord failed to repair or remedy a |
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condition arising from a failure to comply with Section 92.0521; or |
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(B) $500 for any other condition for which a |
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tenant is entitled to a remedy under Section 92.056; |
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(4) a judgment against the landlord for the amount of |
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the tenant's actual damages; and |
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(5) court costs and attorney's fees, excluding any |
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attorney's fees for a cause of action for damages relating to a |
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personal injury. |
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SECTION 4. The change in law made by this Act to Section |
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92.052, Property Code, applies only to a notice under that section |
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that is made on or after the effective date of this Act. A notice |
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under that section made before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |