86R11881 NC-D
 
  By: Farrar H.B. No. 3556
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to notice to a prospective residential tenant regarding a
  dwelling that is located in a floodplain or that has been damaged by
  flooding.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 92, Property Code, is
  amended by adding Section 92.0132 to read as follows:
         Sec. 92.0132.  NOTICE REGARDING FLOODPLAIN OR FLOOD
  DAMAGE.  (a)  In this section:
               (1)  "Floodplain" means any area of land that is
  located in a 100-year floodplain as determined by the most recent
  flood hazard map published by the Federal Emergency Management
  Agency under the National Flood Insurance Act of 1968 (42 U.S.C.
  Section 4001 et seq.).
               (2)  "Residential property" means real property
  containing one or more dwelling units.
         (b)  This section applies only to a landlord who offers a
  residential property for lease knowing that:
               (1)  the property is located in a floodplain; or
               (2)  a structure on the property has previously
  received water penetration from a flood caused by rainfall that
  occurred during the four years preceding the date of the lease.
         (c)  Before entering into a lease with a prospective tenant,
  a landlord or landlord's representative must inform the prospective
  tenant in a written notice, signed by the landlord and the
  prospective tenant, that, based on the landlord's knowledge and as
  applicable:
               (1)  the residential property that is the subject of
  the lease is located in a floodplain; or
               (2)  a structure on the property has previously
  received water penetration from a flood caused by rainfall that
  occurred during the four years preceding the date of the lease.
         (d)  If a landlord or a landlord's representative fails to
  provide the notice required by Subsection (c) and a tenant suffers
  loss of or damage to the tenant's personal property located on the
  residential property as a result of a flood caused by rainfall, the
  tenant may maintain possession of the premises under the terms of
  the lease or, after the 10th day after the date the tenant provides
  notice to terminate the lease to the landlord or the landlord's
  representative, may terminate the lease.  Regardless of whether the
  tenant terminates the lease, the tenant is entitled to recover
  damages and reasonable attorney's fees and court costs from the
  landlord.
         (e)  A landlord or landlord's representative commits a
  false, misleading, or deceptive act or practice within the meaning
  of Sections 17.46(a) and (b), Business & Commerce Code, or fraud
  within the meaning of Chapter 27, Business & Commerce Code, by
  failing to provide the notice to a tenant as required by Subsection
  (c). Any remedy under Subchapter E, Chapter 17, Business & Commerce
  Code, or Chapter 27, Business & Commerce Code, is available to the
  tenant.
         SECTION 2.  The changes in law made by this Act apply only to
  a lease entered into on or after the effective date of this Act. A
  lease entered into before that date is governed by the law
  applicable to the lease immediately before the effective date of
  this Act, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2019.