| 1 | 1 | | 81R10963 PMO-D |
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| 2 | 2 | | By: Anchia H.B. No. 3443 |
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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 tenant's remedies regarding governmental determination |
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| 8 | 8 | | of substandard housing. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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| 11 | 11 | | amended by adding Section 92.025 to read as follows: |
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| 12 | 12 | | Sec. 92.025. TENANT'S REMEDIES REGARDING GOVERNMENTAL |
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| 13 | 13 | | DETERMINATION OF SUBSTANDARD HOUSING. If a municipality or a |
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| 14 | 14 | | county revokes a certificate of occupancy for a leased premises |
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| 15 | 15 | | because of the landlord's failure to maintain the premises, the |
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| 16 | 16 | | landlord is liable to a tenant who is not in default under the lease |
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| 17 | 17 | | for: |
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| 18 | 18 | | (1) the full amount of the tenant's security deposit; |
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| 19 | 19 | | (2) the pro rata portion of any rental payment the |
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| 20 | 20 | | tenant has paid in advance; |
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| 21 | 21 | | (3) the tenant's actual damages, including any moving |
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| 22 | 22 | | costs, utility connection fees, storage fees, and lost wages; and |
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| 23 | 23 | | (4) court costs and attorney's fees arising from any |
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| 24 | 24 | | related cause of action by the tenant against the landlord. |
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| 25 | 25 | | SECTION 2. The changes in the law made by this Act apply |
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| 26 | 26 | | only to a lease entered into on or after September 1, 2009. A lease |
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| 27 | 27 | | entered into before September 1, 2009, is governed by the law as it |
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| 28 | 28 | | existed immediately before the effective date of this Act, and that |
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| 29 | 29 | | law is continued in effect for that purpose. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2009. |
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