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A BILL TO BE ENTITLED
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AN ACT
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relating to a landlord's duty to provide an accounting statement to |
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a residential tenant. |
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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 DUTY TO PROVIDE ACCOUNTING |
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STATEMENT ON REQUEST. (a) Not later than the third business day |
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after the date a landlord receives a written request for an |
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accounting statement from a tenant, the landlord shall provide to |
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the tenant an accounting statement that includes: |
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(1) the amount of rent owed per payment period under |
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the lease; |
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(2) the amount of any outstanding balance owed by the |
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tenant; |
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(3) a description of each charge or fee included in the |
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balance owed and the date the charge or fee became due; |
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(4) a reference to any lease provision authorizing a |
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charge or fee other than rent; and |
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(5) the number of payments remaining under the lease, |
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if any. |
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(b) A landlord's failure to provide an accounting statement |
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as described by Subsection (a) does not invalidate the lease or, |
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subject to Subsection (c), prevent the landlord from prosecuting or |
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defending a legal action or proceeding to enforce the lease. |
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(c) A landlord may not continue to prosecute and a court |
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shall abate an action to enforce the lease only until the landlord |
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provides to a tenant an accounting statement as described by |
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Subsection (a) if the tenant submits to the court evidence in a plea |
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in abatement or otherwise that the landlord failed to comply with |
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Subsection (a). |
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(d) A landlord may comply with this section by providing to |
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a tenant an accounting statement as described by Subsection (a): |
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(1) in a paper format; |
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(2) in an electronic format if requested by the |
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tenant; or |
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(3) by e-mail if the parties have communicated by |
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e-mail regarding the accounting statement. |
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(e) A tenant or a governmental agency or civic association |
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acting on the tenant's behalf may file suit against a landlord for a |
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violation of this section if the landlord fails to provide, not |
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later than the 10th day after the date the landlord receives a |
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written request under Subsection (a), an accounting statement as |
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described by Subsection (a) to the requesting tenant. |
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(f) A party who prevails in a suit brought under Subsection |
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(e) may recover court costs and reasonable attorney's fees from the |
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other party. In addition to court costs and reasonable attorney's |
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fees, a prevailing tenant may recover from the landlord the greater |
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of one month's rent or $500 for each violation of this section. |
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SECTION 2. The changes in law made by this Act apply only to |
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a request for a copy of an accounting statement submitted by a |
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tenant to a landlord on or after the effective date of this Act. A |
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request for an accounting statement submitted by a tenant to a |
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landlord before the effective date of this Act is governed by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |