By: Deshotel (Senate Sponsor - Carona) H.B. No. 1429
         (In the Senate - Received from the House May 16, 2011;
  May 16, 2011, read first time and referred to Committee on
  Intergovernmental Relations; May 19, 2011, reported favorably by
  the following vote:  Yeas 5, Nays 0; May 19, 2011, sent to
  printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to rights and remedies of certain residential tenants;
  providing civil penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 92, Property Code, is
  amended by adding Section 92.026 to read as follows:
         Sec. 92.026.  LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. (a)  
  Not later than the third business day after the date the lease is
  signed by each party to the lease, a landlord shall provide at least
  one copy of the lease to at least one tenant who is a party to the
  lease.
         (b)  If more than one tenant is a party to the lease, not
  later than the third business day after the date a landlord receives
  a written request for a copy of a lease from a tenant who has not
  received a copy of the lease under Subsection (a), the landlord
  shall provide one copy of the lease to the requesting tenant.
         (c)  If a landlord fails to comply with Subsection (a) or
  (b), a tenant, after giving written notice to the landlord of the
  failure to comply with Subsection (a) or (b), may bring an action to
  obtain a copy of the lease and recover actual damages resulting from
  the failure to provide a copy of the lease, court costs, and
  reasonable attorney's fees.
         SECTION 2.  Section 92.331(a), Property Code, is amended to
  read as follows:
         (a)  A landlord may not retaliate against a tenant by taking
  an action described by Subsection (b) because the tenant:
               (1)  in good faith exercises or attempts to exercise
  against a landlord a right or remedy granted to the tenant by lease,
  municipal ordinance, or federal or state statute;
               (2)  gives a landlord a notice to repair or exercise a
  remedy under this chapter; [or]
               (3)  complains to a governmental entity responsible for
  enforcing building or housing codes, a public utility, or a civic or
  nonprofit agency, and the tenant:
                     (A)  claims a building or housing code violation
  or utility problem; and
                     (B)  believes in good faith that the complaint is
  valid and that the violation or problem occurred; or
               (4)  establishes, attempts to establish, or
  participates in a tenant organization.
         SECTION 3.  The changes in law made by Section 92.026,
  Property Code, as added by this Act, apply only to a lease the
  effective date of which is on or after the effective date of this
  Act. A lease the effective date of which is before the effective
  date of this Act is governed by the law as it existed immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect January 1, 2012.
 
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