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A BILL TO BE ENTITLED
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AN ACT
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relating to a landlord's liability to a tenant for a casualty loss |
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to residential rental premises caused by the landlord. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.054, Property Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) If the rental premises become unusable for residential |
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purposes as a result of a casualty loss caused by the negligence or |
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fault of the landlord, the landlord: |
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(1) if comparable rental premises owned by the |
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landlord are available for occupancy, shall allow the tenant to |
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move to the premises for the remainder of the tenant's lease; or |
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(2) if rental premises owned by the landlord are not |
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available, shall: |
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(A) locate comparable rental premises; and |
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(B) be liable to the tenant for the amount of the |
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rent for the comparable rental premises that exceeds the amount of |
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rent the tenant pays to the landlord under the tenant's lease for |
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the remainder of the tenant's lease. |
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(e) The duties of a landlord under Subsection (d) are in |
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addition to any other duties of a landlord or remedies of a tenant |
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under this subchapter. |
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SECTION 2. Section 92.054(d), Property Code, as added by |
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this Act, applies only to a lease that is executed or renewed on or |
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after the effective date of this Act. A lease that is executed or |
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renewed before the effective date of this Act is governed by the law |
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in effect at the time the lease was executed or renewed, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |