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