| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an action to remedy certain conditions affecting safety |
|
|
or habitability of certain residential rental property; providing a |
|
|
civil penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 4, Property Code, is amended by adding |
|
|
Chapter 32 to read as follows: |
|
|
CHAPTER 32. ACTION TO REMEDY CONDITIONS AFFECTING SAFETY OR |
|
|
HABITABILITY OF CERTAIN RESIDENTIAL RENTAL PROPERTY |
|
|
Sec. 32.001. DEFINITION. In this chapter, "residential |
|
|
rental property" means a dwelling unit, as defined by Section |
|
|
92.251, leased to a tenant and any common area that the tenant may |
|
|
access under the lease. |
|
|
Sec. 32.002. APPLICABILITY. This chapter applies only to |
|
|
residential rental property located in an unincorporated area of a |
|
|
county with a population greater than one million. |
|
|
Sec. 32.003. CERTAIN CONDITIONS PROHIBITED. (a) A |
|
|
landlord may not maintain residential rental property to which this |
|
|
chapter applies in an unsafe, unsanitary, or uninhabitable |
|
|
condition. |
|
|
(b) For purposes of this section, residential rental |
|
|
property is maintained in an unsafe, unsanitary, or uninhabitable |
|
|
condition if: |
|
|
(1) the property substantially lacks any of the |
|
|
following features installed and maintained in a manner that |
|
|
conforms to applicable law and that are kept in good working order: |
|
|
(A) appliances; |
|
|
(B) waterproofing and weather protection of the |
|
|
roof and exterior walls; |
|
|
(C) intact doors and windows with functioning |
|
|
locks or other security devices; |
|
|
(D) plumbing facilities and, if present and |
|
|
necessary, gas facilities; |
|
|
(E) running hot and cold water and sewage |
|
|
disposal; |
|
|
(F) heating and air conditioning; |
|
|
(G) electrical lighting and power; or |
|
|
(H) a sufficient number of exterior garbage |
|
|
receptacles; |
|
|
(2) common areas of the property are not kept |
|
|
reasonably clean, sanitary, and safe; |
|
|
(3) the property is infested by rodents, insects, or |
|
|
other vermin and is not reasonably treated for the infestation; |
|
|
(4) any floors, stairways, or railings are not |
|
|
maintained in good repair; |
|
|
(5) the property: |
|
|
(A) contains harmful mold; or |
|
|
(B) has a condition causing dampness to an extent |
|
|
that, if not remedied, would materially interfere with the health |
|
|
and safety of a tenant; |
|
|
(6) the property is not maintained in compliance with |
|
|
applicable laws or codes in a manner causing a material risk to the |
|
|
health or safety of a tenant; or |
|
|
(7) the property has any other condition that may |
|
|
cause a material risk to the health and safety of a tenant. |
|
|
Sec. 32.004. NOTICE OF VIOLATION. (a) Except as provided |
|
|
by Subsection (b), before bringing an action against a landlord |
|
|
under this chapter, a district attorney or county attorney must |
|
|
send written notice to the landlord describing any condition listed |
|
|
in Section 32.003 affecting the landlord's residential rental |
|
|
property and notifying the landlord that the landlord must remedy |
|
|
the condition not later than the 30th day after the date of |
|
|
receiving notice. |
|
|
(b) Notice under this section is not required if such an |
|
|
emergency exists that immediate and irreparable injury, loss, or |
|
|
damage would occur as a result of delay in obtaining a temporary |
|
|
restraining order. |
|
|
Sec. 32.005. ENFORCEMENT ACTION. (a) The district |
|
|
attorney or county attorney may bring an action in the name of the |
|
|
county against the landlord to restrain by temporary restraining |
|
|
order, temporary injunction, or permanent injunction a violation of |
|
|
Section 32.003. |
|
|
(b) The remediation of a condition of residential rental |
|
|
property after receipt of a notice under Section 32.004 does not |
|
|
cause an action under this section to become moot, and injunctive |
|
|
relief is available in the action to restrain the condition |
|
|
described in the notice. |
|
|
(c) In an action under this section, the district attorney |
|
|
or county attorney may recover from the landlord a civil penalty in |
|
|
an amount not to exceed $100 for each day on which the violation |
|
|
that is the subject of the action exists. In determining the amount |
|
|
of the violation, the court shall consider the seriousness of the |
|
|
violation. |
|
|
(d) A county shall deposit 75 percent of any penalty |
|
|
recovered under this section into the general fund of the county and |
|
|
25 percent into the general revenue fund of the state. |
|
|
(e) In an action under this section, the court may make any |
|
|
additional orders or judgments necessary to compensate |
|
|
identifiable persons for actual damages resulting from the |
|
|
condition that is the subject of the action or restore money or |
|
|
property expended to remedy the condition, so long as the damages or |
|
|
expenditures were not incurred more than four years before the |
|
|
commencement of the action. |
|
|
(f) An action under this section must be brought not later |
|
|
than the later of: |
|
|
(1) four years after the date on which the condition |
|
|
that is the subject of the action began; or |
|
|
(2) four years after the date on which a tenant |
|
|
discovered or in the exercise of reasonable diligence should have |
|
|
discovered the condition. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |