S.B. No. 1367
 
 
 
 
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 24.005, Property Code, is amended by
  amending Subsection (f) and adding Subsections (f-1) and (f-2) to
  read as follows:
         (f)  Except as provided by Subsection (f-1), the [The] notice
  to vacate shall be given in person or by mail at the premises in
  question.  Notice in person may be by personal delivery to the
  tenant or any person residing at the premises who is 16 years of age
  or older or personal delivery to the premises and affixing the
  notice to the inside of the main entry door.  Notice by mail may be
  by regular mail, by registered mail, or by certified mail, return
  receipt requested, to the premises in question.  [If the dwelling
  has no mailbox and has a keyless bolting device, alarm system, or
  dangerous animal that prevents the landlord from entering the
  premises to leave the notice to vacate on the inside of the main
  entry door, the landlord may securely affix the notice on the
  outside of the main entry door.]
         (f-1)  As an alternative to the procedures of Subsection (f),
  a landlord may deliver the notice to vacate by securely affixing to
  the outside of the main entry door a sealed envelope that contains
  the notice and on which is written the tenant's name, address, and
  in all capital letters, the words "IMPORTANT DOCUMENT" or
  substantially similar language and, not later than 5 p.m. of the
  same day, depositing in the mail in the same county in which the
  premises in question is located a copy of the notice to the tenant
  if:
               (1)  the premises has no mailbox and has a keyless
  bolting device, alarm system, or dangerous animal that prevents the
  landlord from entering the premises to affix the notice to vacate to
  the inside of the main entry door; or
               (2)  the landlord reasonably believes that harm to any
  person would result from personal delivery to the tenant or a person
  residing at the premises or from personal delivery to the premises
  by affixing the notice to the inside of the main entry door.
         (f-2)  Notice to vacate under Subsection (f-1) is considered
  delivered on the date the envelope is affixed to the outside of the
  door and is deposited in the mail, regardless of the date the notice
  is received.
         SECTION 2.  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 3.  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 in a lease or other written
  agreement.
         SECTION 4.  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 5.  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 6.  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 7.  Section 92.157(a), Property Code, is amended to
  read as follows:
         (a)  At a tenant's request made at any time, a landlord, at
  the tenant's expense, shall install:
               (1)  a keyed dead bolt on an exterior door if the door
  has:
                     (A)  a doorknob lock but not a keyed dead bolt; or
                     (B)  a keyless bolting device but not a keyed dead
  bolt or doorknob lock; and
               (2)  a sliding door handle latch [pin lock] or sliding
  door security bar if the door is an exterior sliding glass door
  without a sliding door handle latch [pin lock] or sliding door
  security bar.
         SECTION 8.  Section 92.1641, Property Code, is amended to
  read as follows:
         Sec. 92.1641.  LANDLORD'S DEFENSES RELATING TO INSTALLING OR
  REKEYING CERTAIN SECURITY DEVICES. The landlord has a defense to
  liability under Section 92.164 if:
               (1)  the tenant has not fully paid all rent then due
  from the tenant on the date the tenant gives a request under
  [Subsection (a) of] Section 92.157(c) [92.157] or the notice
  required by Section 92.164; or
               (2)  on the date the tenant terminates the lease or
  files suit the tenant has not fully paid costs requested by the
  landlord and authorized by Section 92.162.
         SECTION 9.  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 10.  This Act takes effect January 1, 2016.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1367 passed the Senate on
  May 5, 2015, by the following vote:  Yeas 29, Nays 2;
  May 26, 2015, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 27, 2015, House
  granted request of the Senate; May 30, 2015, Senate adopted
  Conference Committee Report by the following vote:  Yeas 29,
  Nays 2.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1367 passed the House, with
  amendments, on May 23, 2015, by the following vote:  Yeas 135,
  Nays 3, one present not voting; May 27, 2015, House granted request
  of the Senate for appointment of Conference Committee;
  May 30, 2015, House adopted Conference Committee Report by the
  following vote:  Yeas 142, Nays 1, three present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor