| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a landlord's duty to repair or remedy certain |
|
|
conditions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 92.052(a), Property Code, is amended to |
|
|
read as follows: |
|
|
(a) A landlord shall make a diligent effort to repair or |
|
|
remedy a condition if: |
|
|
(1) the tenant specifies the condition in a notice to |
|
|
the person to whom or to the place where rent is normally paid; |
|
|
(2) the tenant is not delinquent in the payment of rent |
|
|
at the time notice is given; and |
|
|
(3) the condition: |
|
|
(A) materially affects the physical health or |
|
|
safety of an ordinary tenant; or |
|
|
(B) arises from: |
|
|
(i) the landlord's failure to provide and |
|
|
maintain in good operating condition a device to supply hot water of |
|
|
a minimum temperature of 120 degrees Fahrenheit; or |
|
|
(ii) the landlord's failure to maintain in |
|
|
good operating condition a ramp, elevator, or handrail located on |
|
|
the route to or from or inside of the tenant's dwelling. |
|
|
SECTION 2. Section 92.056, Property Code, is amended by |
|
|
amending Subsection (b) and adding Subsections (e-1) and (e-2) to |
|
|
read as follows: |
|
|
(b) A landlord is liable to a tenant as provided by this |
|
|
subchapter if: |
|
|
(1) the tenant has given the landlord notice to repair |
|
|
or remedy a condition by giving that notice to the person to whom or |
|
|
to the place where the tenant's rent is normally paid; |
|
|
(2) the condition: |
|
|
(A) materially affects the physical health or |
|
|
safety of an ordinary tenant; or |
|
|
(B) arises from the landlord's failure to |
|
|
maintain in good operating condition or provide a functionally |
|
|
equivalent alternative to a ramp, elevator, or handrail located on |
|
|
an accessible route to or from or inside of the tenant's dwelling; |
|
|
(3) the tenant has given the landlord a subsequent |
|
|
written notice to repair or remedy the condition after a reasonable |
|
|
time to repair or remedy the condition following the notice given |
|
|
under Subdivision (1) or the tenant has given the notice under |
|
|
Subdivision (1) by sending that notice by certified mail, return |
|
|
receipt requested, by registered mail, or by another form of mail |
|
|
that allows tracking of delivery from the United States Postal |
|
|
Service or a private delivery service; |
|
|
(4) the landlord has had a reasonable time to repair or |
|
|
remedy the condition after the landlord received the tenant's |
|
|
notice under Subdivision (1) and, if applicable, the tenant's |
|
|
subsequent notice under Subdivision (3); |
|
|
(5) the landlord has not made a diligent effort to |
|
|
repair or remedy the condition after the landlord received the |
|
|
tenant's notice under Subdivision (1) and, if applicable, the |
|
|
tenant's notice under Subdivision (3); and |
|
|
(6) the tenant was not delinquent in the payment of |
|
|
rent at the time any notice required by this subsection was given. |
|
|
(e-1) If a landlord is liable to a tenant under Subsection |
|
|
(b)(2)(B), the landlord may provide at no cost to the tenant |
|
|
alternative housing accommodations until the condition described |
|
|
by that subsection is repaired or remedied or until the end of the |
|
|
tenant's lease term. |
|
|
(e-2) Nothing in this section may be construed to require a |
|
|
landlord or other property owner to provide alternative housing |
|
|
accommodations or relocation assistance to any person. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
a lease entered into or renewed on or after the effective date of |
|
|
this Act. A lease entered into or renewed before the effective date |
|
|
of this Act is governed by the law as it existed immediately before |
|
|
that date, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |