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A BILL TO BE ENTITLED
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AN ACT
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relating to a residential tenant's rights and remedies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.0131, Property Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) As a precondition for allowing a tenant to park in a |
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specific parking space or a common parking area that the landlord |
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has made available for tenant use, the landlord may require a tenant |
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to provide only the make, model, year, and license number of the |
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vehicle to be parked. |
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SECTION 2. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.019 to read as follows: |
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Sec. 92.019. LATE PAYMENT OF RENT; FEES. A landlord may not |
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charge a penalty or fee for nonpayment or late payment of rent that |
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exceeds seven percent of the amount of the rent that is unpaid or |
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paid late. |
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SECTION 3. Section 92.056, Property Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) A residential lease must contain conspicuous language |
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that informs the tenant of the remedies available under this |
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section and Section 92.0561. |
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SECTION 4. Section 92.1031, Property Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided in Subsection (b), a landlord who |
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receives a security deposit or rent prepayment for a dwelling from a |
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tenant who fails to occupy the dwelling according to a lease between |
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the landlord and the tenant may not retain the security deposit or |
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rent prepayment if: |
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(1) the tenant secures a replacement tenant |
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satisfactory to the landlord and the replacement tenant occupies |
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the dwelling on or before the commencement date of the lease; [or] |
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(2) the landlord secures a replacement tenant |
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satisfactory to the landlord and the replacement tenant occupies |
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the dwelling on or before the commencement date of the lease; or |
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(3) the tenant vacated the premises on or before the |
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30th day after the date the tenant was a victim of a burglary or an |
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offense punishable under Title 5, Penal Code, as reported in a |
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police report. |
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(a-1) A residential lease must contain conspicuous language |
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notifying the tenant of the tenant's right to terminate the lease |
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and obtain a refund of a security deposit under circumstances |
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described by Subsection (a)(3). |
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SECTION 5. This Act applies only to a lease agreement or a |
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renewal of a lease agreement entered into on or after the effective |
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date of this Act. A lease agreement or a renewal of a lease |
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agreement entered into before the effective date of this Act is |
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covered by the law in effect at the time the lease agreement or |
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renewal of the lease agreement was entered into, and the former law |
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is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |