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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights and responsibilities of residential |
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landlords and tenants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 24, Property Code, is amended by adding |
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Section 24.0071 to read as follows: |
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Sec. 24.0071. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS. |
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(a) On a written application of any party to an eviction suit, the |
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county court or county court at law in which an appeal of the suit is |
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filed shall appoint counsel to attend to the cause of a party who: |
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(1) was in possession of the residence at the time the |
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eviction suit was filed in the justice court; and |
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(2) has perfected the appeal on a pauper's affidavit |
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approved in accordance with Rule 749a, Texas Rules of Civil |
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Procedure. |
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(b) The appointed counsel shall represent the individual in |
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the proceedings of the suit in the county court or county court at |
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law. At the conclusion of those proceedings, the appointment |
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terminates. |
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(c) The court may terminate representation appointed under |
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this section for cause. |
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(d) Reasonable attorney's fees and expenses of appointed |
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counsel shall be: |
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(1) taxed by the court in any manner the court |
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considers fair and just; and |
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(2) paid by the county in which the suit is filed, in |
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appropriate suits. |
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(e) The court shall provide for a method of service of |
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written notice on the parties to an eviction suit of the right to an |
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appointment of counsel on perfection of appeal on approval of a |
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pauper's affidavit. |
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SECTION 2. Chapter 51, Property Code, is amended by adding |
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Section 51.0022 to read as follows: |
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Sec. 51.0022. NOTICE OF SALE TO TENANT. Not later than the |
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seventh day after the date a debtor receives a notice of sale under |
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Section 51.002(b), the debtor shall serve a copy of the notice on |
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each tenant of the property by any one of the following methods: |
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(1) personal delivery to the tenant; |
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(2) certified mail, return receipt requested, to the |
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tenant; or |
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(3) leaving the notice inside the dwelling, as defined |
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by Section 92.001, in a conspicuous place if notice in that manner |
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is authorized in a written lease. |
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SECTION 3. Section 92.019(a), Property Code, is amended to |
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read as follows: |
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(a) A landlord may not charge a tenant a late fee for failing |
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to pay rent unless: |
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(1) notice of the fee is included in a written lease; |
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(2) the fee is a reasonable estimate of uncertain |
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damages to the landlord that are incapable of precise calculation |
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and result from late payment of rent; and |
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(3) the rent has remained [remains] unpaid one full |
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[after the second] day after the date the rent was originally due. |
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SECTION 4. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Sections 92.021 to read as follows: |
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Sec. 92.021. RIGHT TO RESCIND. (a) A tenant may rescind a |
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rental application or lease without cause or penalty on or before |
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the fifth day after the date the landlord provides to the tenant a |
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key to the premises unless the landlord: |
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(1) notifies the tenant that the tenant may inspect |
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the interior of the premises at the time the application is signed |
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or before the lease is signed; and |
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(2) allows the tenant to inspect the interior of the |
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premises before the lease is signed. |
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(b) A provision of a lease that purports to waive a tenant's |
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right or to exempt a landlord from liability or duty under this |
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section is void. |
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SECTION 5. Section 301.021, Property Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A person may not discriminate against another person |
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in the terms, conditions, or privileges of the rental of a dwelling |
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or in providing services or facilities in connection with the |
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rental of a dwelling because the other person receives a rent |
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subsidy or other public assistance from a political subdivision of |
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the state or from the state or federal government. |
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SECTION 6. Subtitle C, Title 7, Local Government Code, is |
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amended by adding Chapter 247 to read as follows: |
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CHAPTER 247. CERTAIN PROHIBITIONS APPLYING TO MORE THAN ONE TYPE |
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OF LOCAL GOVERNMENT |
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Sec. 247.001. PROHIBITION AGAINST REGULATING RESIDENTIAL |
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TENANCIES BASED ON IMMIGRATION STATUS. (a) A political |
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subdivision may not require a landlord to: |
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(1) refuse to lease to a prospective tenant or renew |
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the lease of a tenant solely on the basis of the immigration status |
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of the tenant or a member of the tenant's family; or |
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(2) inquire as to the immigration status of a tenant or |
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prospective tenant or a member of the tenant's family. |
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(b) To the extent the prohibition imposed by Subsection (a) |
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conflicts with common law, another state statute, or a local |
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ordinance or other regulation, the prohibition in Subsection (a) |
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prevails. |
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SECTION 7. This Act applies only to a lease agreement |
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entered into on or after the effective date of this Act. A lease |
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agreement entered into before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2009. |