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A BILL TO BE ENTITLED
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AN ACT
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relating to notice to a prospective residential tenant regarding |
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flooding and flood insurance. |
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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 92.0132 to read as follows: |
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Sec. 92.0132. NOTICE REGARDING FLOODING AND FLOOD |
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INSURANCE. (a) A landlord shall provide to a tenant a written |
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notice substantially equivalent to the following: |
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"This dwelling may be located in an area of land designated by |
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the Federal Emergency Management Agency (FEMA) as susceptible to |
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flooding. FEMA maintains a flood map service center on its Internet |
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website that the public may search by address, at no cost, to |
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determine if a dwelling is located in a flood hazard area. Most |
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tenant insurance policies do not cover damages or loss incurred in a |
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flood event. You should seek appropriate insurance coverage that |
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would cover losses caused by a flood." |
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(b) The notice required by Subsection (a) must be included |
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in: |
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(1) a written lease and printed in underlined or |
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boldfaced type; or |
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(2) a separate written document given to the tenant |
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before execution of the lease. |
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(c) If a landlord violates this section and a tenant suffers |
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loss or damage to the tenant's personal property as a result of |
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flood, the tenant may terminate the lease by providing written |
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notice of termination to the landlord. |
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SECTION 2. The changes in law made by this Act apply only to |
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a lease entered into on or after the effective date of this Act. A |
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lease entered into before that date is governed by the law |
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applicable to the lease immediately before the effective date of |
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this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |