BILL ANALYSIS

 

 

Senate Research Center	H.B. 3625
88R11065 PRL-D	By: Walle (Huffman)
	Business & Commerce
	5/18/2023
	Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law requires a landlord to provide written notice to a tenant indicating whether they are or are not aware that the dwelling in question is in a 100-year floodplain. There are concerns that the notification unintentionally applies to short-term leases and to temporary tenancies that occur when a buyer occupies the property before closing or a seller does so after closing.

 

H.B. 3625 seeks to address these concerns by providing for an exemption from the notice requirement in those circumstances.

 

H.B. 3625 amends current law relating to notice requirements for a leased dwelling located in a floodplain.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 92.0135, Property Code, by amending Subsection (b) and adding Subsection (b-1), as follows:

 

(b) Creates an exception under Subsection (b-1).

 

(b-1)  Provides that notice under Subsection (b) is not required for a tenant under:

 

(1)  a lease with a term of less than 30 days; or

 

(2)  a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not greater than 90 days.

 

SECTION 2. Makes application of Section 92.0135(b-1), Property Cove, as added by this Act, prospective.

 

SECTION 3. Effective date: September 1, 2023.