By: West S.B. No. 1367
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain obligations of and limitations on landlords.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.046, Property Code, is amended to
  read as follows:
         Sec. 54.046.  VIOLATION BY LANDLORD. If a landlord or the
  landlord's agent wilfully violates this subchapter, the tenant is
  entitled to:
               (1)  actual damages, return of any property seized that
  has not been sold, return of the proceeds of any sale of seized
  property, and the sum of one month's rent and $1,000 [or $500,
  whichever is greater], less any amount for which the tenant is
  liable; and
               (2)  reasonable attorney's fees.
         SECTION 2.  Section 92.006, Property Code, is amended by
  adding Subsection (h) to read as follows:
         (h)  A tenant's right to a jury trial in an action brought
  under this chapter may not be waived.
         SECTION 3.  Section 92.056(b), Property Code, is amended 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 materially affects the physical
  health or safety of an ordinary tenant;
               (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, [or] 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.
         SECTION 4.  Section 92.105, Property Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (b-1) to
  read as follows:
         (a)  If the owner's interest in the premises is terminated by
  sale, assignment, death, appointment of a receiver, bankruptcy, or
  otherwise, the new owner is liable for the return of security
  deposits according to this subchapter from the date title to the
  premises is acquired[, regardless of whether notice is given to the
  tenant under Subsection (b) of this section].
         (b)  The [person who no longer owns an interest in the rental
  premises remains liable for a security deposit received while the
  person was the owner until the] new owner shall deliver [delivers]
  to the tenant a signed statement acknowledging that the new owner
  has acquired the property [received] and is responsible for the
  tenant's security deposit and specifying the exact dollar amount of
  the deposit.
         (b-1)  The person who no longer owns an interest in the
  rental premises is liable for a security deposit received while the
  person was the owner until the new owner has received the deposit or
  has assumed the liability for the deposit, unless otherwise
  specified by the parties in a written contract.
         SECTION 5.  Subchapter C, Chapter 92, Property Code, is
  amended by adding Section 92.110 to read as follows:
         Sec. 92.110.  LEASE WITHOUT SECURITY DEPOSIT; REQUIRED
  NOTICE. (a)  If a security deposit was not required by a
  residential lease and the tenant is liable for damages and charges
  on surrender of the premises, the landlord shall notify the tenant
  in writing of the landlord's claim for damages and charges on or
  before the date the landlord reports the claim to a consumer
  reporting agency or third-party debt collector.
         (b)  A landlord is not required to provide the notice under
  Subsection (a) if the tenant has not given the landlord the tenant's
  forwarding address as provided by Section 92.107.
         (c)  If a landlord does not provide the tenant the notice as
  required by this section, the landlord forfeits the right to
  collect damages and charges from the tenant.  Forfeiture of the
  right to collect damages and charges from the tenant is the
  exclusive remedy for the failure to provide the proper notice to the
  tenant.
         SECTION 6.  The changes in law made by this Act apply only to
  a residential lease agreement entered into on or after the
  effective date of this Act.  A residential lease agreement entered
  into before the effective date of this Act is governed by the law
  applicable to the agreement immediately before that date, and the
  former law is continued in effect for that purpose.
         SECTION 7.  This Act takes effect January 1, 2016.