81R1449 PMO-D
By: Leibowitz H.B. No. 23
A BILL TO BE ENTITLED
AN ACT
relating to a residential landlord's disclosure of previous use of
leased premises for manufacture of methamphetamine and related
remedial action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.006(a), Property Code, is amended to
read as follows:
(a) A landlord's duty or a tenant's remedy concerning
security deposits, security devices, the landlord's disclosure of
ownership and management, or utility cutoffs, as provided by
Subchapter C, D, E, or G, respectively, or the landlord's duty under
Section 92.0132 to disclose previous use of leased premises for
manufacture of methamphetamine and related remedial measures may
not be waived. A landlord's duty to install a smoke detector under
Subchapter F may not be waived, nor may a tenant waive a remedy for
the landlord's noninstallation or waive the tenant's limited right
of installation and removal. The landlord's duty of inspection and
repair of smoke detectors under Subchapter F may be waived only by
written agreement.
SECTION 2. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0132 to read as follows:
Sec. 92.0132. NOTICE OF METHAMPHETAMINE MANUFACTURE ON
LEASED PREMISES. (a) Before a lease or renewal of a lease is
entered into, a landlord shall disclose to the prospective tenant
or tenant in writing:
(1) any actual knowledge of the landlord of previous
use of the leased premises for the manufacture of methamphetamine;
and
(2) if disclosure is required to be made under
Subdivision (1), whether the landlord took any remedial action to
remove from the leased premises hazardous substances resulting from
that use.
(b) If a landlord fails to make a disclosure required by
this section, the tenant:
(1) may terminate the lease; and
(2) is entitled to a refund of all rent paid under the
lease.
(c) A written lease must contain a statement in underlined
or bold print that informs the tenant of the remedies available
under this section.
SECTION 3. This Act applies only to a lease or renewal of a
lease entered into on or after the effective date of this Act. A
lease or renewal of a lease entered into before the effective date
of this Act is governed by the law that applied to the lease or
renewal of the lease immediately before the effective date of this
Act, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect January 1, 2010.