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A BILL TO BE ENTITLED
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AN ACT
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relating to a residential landlord's disclosure of previous use of |
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leased premises for manufacture of methamphetamine and related |
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remedial action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.006(a), Property Code, is amended to |
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read as follows: |
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(a) A landlord's duty or a tenant's remedy concerning |
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security deposits, security devices, the landlord's disclosure of |
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ownership and management, or utility cutoffs, as provided by |
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Subchapter C, D, E, or G, respectively, or the landlord's duty under |
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Section 92.0132 to disclose previous use of leased premises for |
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manufacture of methamphetamine and related remedial measures may |
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not be waived. A landlord's duty to install a smoke detector under |
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Subchapter F may not be waived, nor may a tenant waive a remedy for |
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the landlord's noninstallation or waive the tenant's limited right |
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of installation and removal. The landlord's duty of inspection and |
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repair of smoke detectors under Subchapter F may be waived only by |
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written agreement. |
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SECTION 2. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.0132 to read as follows: |
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Sec. 92.0132. NOTICE OF METHAMPHETAMINE MANUFACTURE ON |
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LEASED PREMISES. (a) Before a lease or renewal of a lease is |
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entered into, a landlord shall disclose to the prospective tenant |
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or tenant in writing: |
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(1) any actual knowledge of the landlord of previous |
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use of the leased premises for the manufacture of methamphetamine; |
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and |
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(2) if disclosure is required to be made under |
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Subdivision (1), whether the landlord took any remedial action to |
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remove from the leased premises hazardous substances resulting from |
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that use. |
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(b) If a landlord fails to make a disclosure required by |
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this section, the tenant: |
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(1) may terminate the lease; and |
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(2) is entitled to a refund of all rent paid under the |
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lease. |
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(c) A written lease must contain a statement in underlined |
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or bold print that informs the tenant of the remedies available |
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under this section. |
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SECTION 3. This Act applies only to a lease or renewal of a |
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lease entered into on or after the effective date of this Act. A |
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lease or renewal of a lease entered into before the effective date |
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of this Act is governed by the law that applied to the lease or |
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renewal of the lease immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect January 1, 2010. |