87R1924 NC-F
  By: Walle H.B. No. 531
  relating to notice requirements for a leased dwelling located in a
         SECTION 1.  Subchapter A, Chapter 92, Property Code, is
  amended by adding Section 92.0135 to read as follows:
  (a)  In this section:
               (1)  "100-year floodplain" means any area of land
  designated as a flood hazard area with a one percent or greater
  chance of flooding each year by the Federal Emergency Management
  Agency under the National Flood Insurance Act of 1968 (42 U.S.C.
  Section 4001 et seq.).
               (2)  "Flooding" means a general or temporary condition
  of partial or complete inundation of a dwelling caused by:
                     (A)  the overflow of inland or tidal waters;
                     (B)  the unusual and rapid accumulation of runoff
  or surface waters from any established water source such as a river,
  stream, or drainage ditch; or
                     (C)  a ponding of water at or near the place where
  heavy or excessive rain fell.
         (b)  A landlord shall provide to a tenant a written notice
  substantially equivalent to the following:
         "(Landlord) ( ) is or ( ) is not aware that the dwelling you
  are renting is located in a 100-year floodplain. If neither box is
  checked, you should assume the dwelling is in a 100-year
  floodplain.  Even if the dwelling is not in a 100-year floodplain,
  the dwelling may still be susceptible to flooding. The Federal
  Emergency Management Agency (FEMA) maintains a flood map on its
  Internet website that is searchable by address, at no cost, to
  determine if a dwelling is located in a flood hazard area. Most
  tenant insurance policies do not cover damages or loss incurred in a
  flood.  You should seek insurance coverage that would cover losses
  caused by a flood."
         (c)  Notwithstanding Subsection (b), a landlord is not
  required to disclose on the notice that the landlord is aware that a
  dwelling is located in a 100-year floodplain if the elevation of the
  dwelling is raised above the 100-year floodplain flood levels in
  accordance with federal regulations.
         (d)  If a landlord knows that flooding has damaged any
  portion of a dwelling at least once during the five-year period
  immediately preceding the effective date of the lease, the landlord
  shall provide a written notice to a tenant that is substantially
  equivalent to the following:
         "(Landlord) ( ) is or ( ) is not aware that the dwelling you
  are renting has flooded at least once within the last five years."
         (e)  The notices required by Subsections (b) and (d) must be
  included in a separate written document given to the tenant before
  execution of the lease.
         (f)  If a landlord violates this section and a tenant suffers
  a substantial loss or damage to the tenant's personal property as a
  result of flooding, the tenant may terminate the lease by giving a
  written notice of termination to the landlord not later than the
  30th day after the date the loss or damage occurred. Termination of
  a lease under this subsection is effective when the tenant
  surrenders possession of the dwelling.
         (g)  Not later than the 30th day after the effective date of
  the termination of a lease under Subsection (f), the landlord shall
  refund to the tenant all rent or other amounts paid in advance under
  the lease for any period after the effective date of the termination
  of the lease.
         (h)  This section does not affect a tenant's liability for
  delinquent, unpaid rent or other sums owed to the landlord before
  the date the lease was terminated by the tenant under this section.
         SECTION 2.  Section 92.0135, Property Code, as added by this
  Act, applies only to a lease agreement entered into or renewed on or
  after the effective date of this Act.
         SECTION 3.  This Act takes effect January 1, 2022.