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A BILL TO BE ENTITLED
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AN ACT
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relating to the use by a landlord or landlord's manager or agent of |
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a tenant's name or likeness for a commercial purpose. |
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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 92.027 to read as follows: |
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Sec. 92.027. LANDLORD'S USE OF TENANT'S NAME OR LIKENESS. |
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(a) This section applies to a provision in a lease or other |
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agreement that purports to authorize the landlord or the landlord's |
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manager or agent to publish for any commercial purpose the name or |
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likeness of the tenant or any dependent residing with the tenant. |
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(b) A provision to which this section applies must provide a |
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tenant the opportunity to opt out of the authorization. |
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(c) An authorization granted by a provision to which this |
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section applies is effective only during the tenant's lease term. |
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(d) Any provision in a lease or other agreement entered into |
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in violation of this section or the terms of which violate this |
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section is void. |
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(e) If a landlord or landlord's manager or agent obtains a |
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tenant's agreement to a provision in a lease or other agreement in |
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violation of this section, or uses a tenant's name or likeness |
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pursuant to a provision that is void under this section, the tenant |
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is entitled to recover from or against the landlord or manager or |
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agent of the landlord: |
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(1) an amount equal to one month's rent; |
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(2) injunctive relief; and |
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(3) reasonable attorney's fees incurred by the tenant |
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in seeking enforcement of this section. |
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SECTION 2. Section 92.027, Property Code, as added by this |
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Act, applies to a lease or other agreement entered into or renewed |
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on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |