By: Deshotel H.B. No. 4620

A BILL TO BE ENTITLED

AN ACT

relating to the rights and responsibilities of residential landlords and tenants.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 24, Property Code, is amended by adding Section 24.0071 to read as follows:

Sec. 24.0071. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS. (a) On a written application of any party to an eviction suit, the county court or county court at law in which an appeal of the suit is filed shall appoint counsel to attend to the cause of a party who:

(1) was in possession of the residence at the time the eviction suit was filed in the justice court; and

(2) has perfected the appeal on a pauper's affidavit approved in accordance with Rule 749a, Texas Rules of Civil Procedure.

(b) The appointed counsel shall represent the individual in the proceedings of the suit in the county court or county court at law. At the conclusion of those proceedings, the appointment terminates.

(c) The court may terminate representation appointed under this section for cause.

(d) Reasonable attorney's fees and expenses of appointed counsel shall be:

(1) taxed by the court in any manner the court considers fair and just; and

(2) paid by the county in which the suit is filed, in appropriate suits.

(e) The court shall provide for a method of service of written notice on the parties to an eviction suit of the right to an appointment of counsel on perfection of appeal on approval of a pauper's affidavit.

SECTION 2. Chapter 51, Property Code, is amended by adding Section 51.0022 to read as follows:

Sec. 51.0022. NOTICE OF SALE TO TENANT. Not later than the seventh day after the date a debtor receives a notice of sale under Section 51.002(b), the debtor shall serve a copy of the notice on each tenant of the property by any one of the following methods:

(1) personal delivery to the tenant;

(2) certified mail, return receipt requested, to the tenant; or

(3) leaving the notice inside the dwelling, as defined by Section 92.001, in a conspicuous place if notice in that manner is authorized in a written lease.

SECTION 3. Section 92.019(a), Property Code, is amended to read as follows:

(a) A landlord may not charge a tenant a late fee for failing to pay rent unless:

(1) notice of the fee is included in a written lease;

(2) the fee is a reasonable estimate of uncertain damages to the landlord that are incapable of precise calculation and result from late payment of rent; and

(3) the rent has remained [remains] unpaid one full [after the second] day after the date the rent was originally due.

SECTION 4. Subchapter A, Chapter 92, Property Code, is amended by adding Sections 92.021 to read as follows:

Sec. 92.021. RIGHT TO RESCIND. (a) A tenant may rescind a rental application or lease without cause or penalty on or before the fifth day after the date the landlord provides to the tenant a key to the premises unless the landlord:

(1) notifies the tenant that the tenant may inspect the interior of the premises at the time the application is signed or before the lease is signed; and

(2) allows the tenant to inspect the interior of the premises before the lease is signed.

(b) A provision of a lease that purports to waive a tenant's right or to exempt a landlord from liability or duty under this section is void.

SECTION 5. Section 301.021, Property Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) A person may not discriminate against another person in the terms, conditions, or privileges of the rental of a dwelling or in providing services or facilities in connection with the rental of a dwelling because the other person receives a rent subsidy or other public assistance from a political subdivision of the state or from the state or federal government.

SECTION 6. Subtitle C, Title 7, Local Government Code, is amended by adding Chapter 247 to read as follows:

CHAPTER 247. CERTAIN PROHIBITIONS APPLYING TO MORE THAN ONE TYPE

OF LOCAL GOVERNMENT

Sec. 247.001. PROHIBITION AGAINST REGULATING RESIDENTIAL TENANCIES BASED ON IMMIGRATION STATUS. (a) A political subdivision may not require a landlord to:

(1) refuse to lease to a prospective tenant or renew the lease of a tenant solely on the basis of the immigration status of the tenant or a member of the tenant's family; or

(2) inquire as to the immigration status of a tenant or prospective tenant or a member of the tenant's family.

(b) To the extent the prohibition imposed by Subsection (a) conflicts with common law, another state statute, or a local ordinance or other regulation, the prohibition in Subsection (a) prevails.

SECTION 7. This Act applies only to a lease agreement entered into on or after the effective date of this Act. A lease agreement entered into before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 8. This Act takes effect September 1, 2009.