By: Bailey, et al. (Senate Sponsor - Gallegos) H.B. No. 177

(In the Senate - Received from the House April 10, 2007; April 11, 2007, read first time and referred to Committee on Business and Commerce; May 17, 2007, reported favorably by the following vote: Yeas 9, Nays 0; May 17, 2007, sent to printer.)

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.

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