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A BILL TO BE ENTITLED
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AN ACT
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relating to certain obligations of and limitations on residential |
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landlords. |
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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 92.024 to read as follows: |
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Sec. 92.024. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. (a) |
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Not later than the third business day after the date the lease is |
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signed by each party to the lease, a landlord shall provide at least |
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one complete copy of the lease to at least one tenant who is a party |
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to the lease. |
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(b) If more than one tenant is a party to the lease, not |
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later than the third business day after the date a landlord receives |
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a written request for a copy of a lease from a tenant who has not |
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received a copy of the lease under Subsection (a), the landlord |
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shall provide one complete copy of the lease to the requesting |
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tenant. |
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(c) In a legal action brought to enforce a written lease, |
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other than an action for nonpayment of rent, there is a rebuttable |
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presumption that the tenant does not have knowledge of the lease |
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terms if the landlord failed to comply with Subsection (a) or (b). |
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The presumption may be rebutted by proof that the tenant had actual |
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knowledge of the lease terms on which the legal action is based. |
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SECTION 2. Section 92.331(a), Property Code, is amended to |
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read as follows: |
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(a) A landlord may not retaliate against a tenant by taking |
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an action described by Subsection (b) because the tenant: |
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(1) in good faith exercises or attempts to exercise |
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against a landlord a right or remedy granted to the tenant by lease, |
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municipal ordinance, or federal or state statute; |
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(2) gives a landlord a notice to repair or exercise a |
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remedy under this chapter; [or] |
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(3) complains to a governmental entity responsible for |
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enforcing building or housing codes, a public utility, or a civic or |
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nonprofit agency, and the tenant: |
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(A) claims a building or housing code violation |
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or utility problem; and |
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(B) believes in good faith that the complaint is |
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valid and that the violation or problem occurred; or |
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(4) establishes, attempts to establish, or |
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participates in a tenant organization. |
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SECTION 3. The changes in law made by Section 92.024, |
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Property Code, as added by this Act, apply only to a lease the |
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effective date of which is on or after the effective date of this |
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Act. A lease the effective date of which is before the effective |
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date of this Act is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect January 1, 2014. |