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AN ACT
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relating to rights and remedies of certain residential tenants; |
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providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.026 to read as follows: |
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Sec. 92.026. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. (a) |
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Not later than the third business day after the date the lease is |
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signed by each party to the lease, a landlord shall provide at least |
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one copy of the lease to at least one tenant who is a party to the |
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lease. |
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(b) If more than one tenant is a party to the lease, not |
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later than the third business day after the date a landlord receives |
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a written request for a copy of a lease from a tenant who has not |
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received a copy of the lease under Subsection (a), the landlord |
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shall provide one copy of the lease to the requesting tenant. |
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(c) If a landlord fails to comply with Subsection (a) or |
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(b), a tenant, after giving written notice to the landlord of the |
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failure to comply with Subsection (a) or (b), may bring an action to |
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obtain a copy of the lease and recover actual damages resulting from |
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the failure to provide a copy of the lease, court costs, and |
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reasonable attorney's fees. |
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SECTION 2. Section 92.331(a), Property Code, is amended to |
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read as follows: |
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(a) A landlord may not retaliate against a tenant by taking |
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an action described by Subsection (b) because the tenant: |
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(1) in good faith exercises or attempts to exercise |
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against a landlord a right or remedy granted to the tenant by lease, |
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municipal ordinance, or federal or state statute; |
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(2) gives a landlord a notice to repair or exercise a |
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remedy under this chapter; [or] |
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(3) complains to a governmental entity responsible for |
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enforcing building or housing codes, a public utility, or a civic or |
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nonprofit agency, and the tenant: |
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(A) claims a building or housing code violation |
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or utility problem; and |
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(B) believes in good faith that the complaint is |
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valid and that the violation or problem occurred; or |
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(4) establishes, attempts to establish, or |
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participates in a tenant organization. |
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SECTION 3. The changes in law made by Section 92.026, |
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Property Code, as added by this Act, apply only to a lease the |
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effective date of which is on or after the effective date of this |
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Act. A lease the effective date of which is before the effective |
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date of this Act is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect January 1, 2012. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1429 was passed by the House on May |
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13, 2011, by the following vote: Yeas 117, Nays 18, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1429 was passed by the Senate on May |
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25, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |