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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: |
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(1) "Floodplain" means any area of land that is |
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located in a 100-year floodplain as determined by the most recent |
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flood hazard map published by the Federal Emergency Management |
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Agency under the National Flood Insurance Act of 1968 (42 U.S.C. |
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Section 4001 et seq.). |
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(2) "Residential property" means real property |
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containing one or more dwelling units. |
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(b) This section applies only to a landlord who offers a |
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residential property for lease knowing that: |
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(1) the property is located in a floodplain; or |
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(2) a structure on the property has previously |
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received water penetration from a flood caused by rainfall that |
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occurred during the four 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 representative must inform the prospective |
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tenant in a written notice, signed by the landlord and the |
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prospective tenant, that, based on the landlord's knowledge and as |
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applicable: |
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(1) the residential property that is the subject of |
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the lease is located in a floodplain; or |
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(2) a structure on the property has previously |
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received water penetration from a flood caused by rainfall that |
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occurred during the four years preceding the date of the lease. |
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(d) If a landlord or a landlord's representative fails to |
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provide the notice required by Subsection (c) and a tenant suffers |
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loss of or damage to the tenant's personal property located on the |
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residential property as a result of a flood caused by rainfall, the |
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tenant may maintain possession of the premises under the terms of |
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the lease or, after the 10th day after the date the tenant provides |
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notice to terminate the lease to the landlord or the landlord's |
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representative, may terminate the lease. Regardless of whether the |
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tenant terminates the lease, the tenant is entitled to recover |
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damages and reasonable attorney's fees and court costs from the |
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landlord. |
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(e) A landlord or landlord's representative commits a |
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false, misleading, or deceptive act or practice within the meaning |
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of Sections 17.46(a) and (b), Business & Commerce Code, or fraud |
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within the meaning of Chapter 27, Business & Commerce Code, by |
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failing to provide the notice to a tenant as required by Subsection |
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(c). Any remedy under Subchapter E, Chapter 17, Business & Commerce |
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Code, or Chapter 27, Business & Commerce Code, is available to the |
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tenant. |
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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. |