| 1 | 1 | | 81R1449 PMO-D |
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| 2 | 2 | | By: Leibowitz H.B. No. 23 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a residential landlord's disclosure of previous use of |
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| 8 | 8 | | leased premises for manufacture of methamphetamine and related |
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| 9 | 9 | | remedial action. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 92.006(a), Property Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) A landlord's duty or a tenant's remedy concerning |
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| 14 | 14 | | security deposits, security devices, the landlord's disclosure of |
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| 15 | 15 | | ownership and management, or utility cutoffs, as provided by |
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| 16 | 16 | | Subchapter C, D, E, or G, respectively, or the landlord's duty under |
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| 17 | 17 | | Section 92.0132 to disclose previous use of leased premises for |
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| 18 | 18 | | manufacture of methamphetamine and related remedial measures may |
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| 19 | 19 | | not be waived. A landlord's duty to install a smoke detector under |
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| 20 | 20 | | Subchapter F may not be waived, nor may a tenant waive a remedy for |
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| 21 | 21 | | the landlord's noninstallation or waive the tenant's limited right |
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| 22 | 22 | | of installation and removal. The landlord's duty of inspection and |
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| 23 | 23 | | repair of smoke detectors under Subchapter F may be waived only by |
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| 24 | 24 | | written agreement. |
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| 25 | 25 | | SECTION 2. Subchapter A, Chapter 92, Property Code, is |
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| 26 | 26 | | amended by adding Section 92.0132 to read as follows: |
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| 27 | 27 | | Sec. 92.0132. NOTICE OF METHAMPHETAMINE MANUFACTURE ON |
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| 28 | 28 | | LEASED PREMISES. (a) Before a lease or renewal of a lease is |
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| 29 | 29 | | entered into, a landlord shall disclose to the prospective tenant |
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| 30 | 30 | | or tenant in writing: |
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| 31 | 31 | | (1) any actual knowledge of the landlord of previous |
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| 32 | 32 | | use of the leased premises for the manufacture of methamphetamine; |
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| 33 | 33 | | and |
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| 34 | 34 | | (2) if disclosure is required to be made under |
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| 35 | 35 | | Subdivision (1), whether the landlord took any remedial action to |
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| 36 | 36 | | remove from the leased premises hazardous substances resulting from |
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| 37 | 37 | | that use. |
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| 38 | 38 | | (b) If a landlord fails to make a disclosure required by |
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| 39 | 39 | | this section, the tenant: |
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| 40 | 40 | | (1) may terminate the lease; and |
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| 41 | 41 | | (2) is entitled to a refund of all rent paid under the |
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| 42 | 42 | | lease. |
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| 43 | 43 | | (c) A written lease must contain a statement in underlined |
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| 44 | 44 | | or bold print that informs the tenant of the remedies available |
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| 45 | 45 | | under this section. |
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| 46 | 46 | | SECTION 3. This Act applies only to a lease or renewal of a |
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| 47 | 47 | | lease entered into on or after the effective date of this Act. A |
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| 48 | 48 | | lease or renewal of a lease entered into before the effective date |
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| 49 | 49 | | of this Act is governed by the law that applied to the lease or |
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| 50 | 50 | | renewal of the lease immediately before the effective date of this |
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| 51 | 51 | | Act, and that law is continued in effect for that purpose. |
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| 52 | 52 | | SECTION 4. This Act takes effect January 1, 2010. |
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