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