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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 a |
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dwelling that is located in a floodplain or that has been damaged by |
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flooding. |
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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 FLOODPLAIN OR FLOOD |
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DAMAGE. (a) In this section, "floodplain" means any area of land |
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that is located in a 100-year floodplain or a 500-year floodplain as |
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determined by the most recent flood hazard map published by the |
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Federal Emergency Management Agency under the National Flood |
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Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.). |
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(b) This section applies only to a dwelling that: |
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(1) is located in a floodplain; or |
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(2) has been damaged by flooding due to rainfall or |
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storm surge during the 20 years preceding the date of the lease. |
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(c) Before entering into a lease with a prospective tenant, |
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a landlord or landlord's agent must inform the prospective tenant |
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in a written notice, signed by both the landlord or landlord's agent |
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and the prospective tenant, that the dwelling that is the subject of |
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the lease: |
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(1) is located in a floodplain; or |
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(2) has been previously damaged by flooding due to |
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rainfall or storm surge. |
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(d) If a landlord or a landlord's agent violates this |
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section and a tenant suffers loss of or damage to the tenant's |
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personal property as a result of a flood, the tenant: |
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(1) may terminate the lease or maintain possession of |
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the premises under the terms of the lease; and |
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(2) is entitled to recover from the landlord the |
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following amounts, less any delinquent rent or other sum for which |
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the tenant is liable to the landlord: |
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(A) the tenant's actual damages; |
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(B) the greater of one month's rent or $1,000; |
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and |
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(C) reasonable attorney's fees and court costs |
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incurred in recovering the amounts in Paragraphs (A) and (B). |
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(e) It is a defense to liability under this section that, at |
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the time the parties entered into the lease, the landlord or |
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landlord's agent did not know that the dwelling that is the subject |
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of the lease was located in a floodplain or had been previously |
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damaged by flooding. |
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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. |