By: Deshotel H.B. No. 4620
A BILL TO BE ENTITLED
AN ACT
relating to the rights and responsibilities of residential
landlords and tenants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 24, Property Code, is amended by adding
Section 24.0071 to read as follows:
Sec. 24.0071. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.
(a) On a written application of any party to an eviction suit, the
county court or county court at law in which an appeal of the suit is
filed shall appoint counsel to attend to the cause of a party who:
(1) was in possession of the residence at the time the
eviction suit was filed in the justice court; and
(2) has perfected the appeal on a pauper's affidavit
approved in accordance with Rule 749a, Texas Rules of Civil
Procedure.
(b) The appointed counsel shall represent the individual in
the proceedings of the suit in the county court or county court at
law. At the conclusion of those proceedings, the appointment
terminates.
(c) The court may terminate representation appointed under
this section for cause.
(d) Reasonable attorney's fees and expenses of appointed
counsel shall be:
(1) taxed by the court in any manner the court
considers fair and just; and
(2) paid by the county in which the suit is filed, in
appropriate suits.
(e) The court shall provide for a method of service of
written notice on the parties to an eviction suit of the right to an
appointment of counsel on perfection of appeal on approval of a
pauper's affidavit.
SECTION 2. Chapter 51, Property Code, is amended by adding
Section 51.0022 to read as follows:
Sec. 51.0022. NOTICE OF SALE TO TENANT. Not later than the
seventh day after the date a debtor receives a notice of sale under
Section 51.002(b), the debtor shall serve a copy of the notice on
each tenant of the property by any one of the following methods:
(1) personal delivery to the tenant;
(2) certified mail, return receipt requested, to the
tenant; or
(3) leaving the notice inside the dwelling, as defined
by Section 92.001, in a conspicuous place if notice in that manner
is authorized in a written lease.
SECTION 3. Section 92.019(a), Property Code, is amended to
read as follows:
(a) A landlord may not charge a tenant a late fee for failing
to pay rent unless:
(1) notice of the fee is included in a written lease;
(2) the fee is a reasonable estimate of uncertain
damages to the landlord that are incapable of precise calculation
and result from late payment of rent; and
(3) the rent has remained [remains] unpaid one full
[after the second] day after the date the rent was originally due.
SECTION 4. Subchapter A, Chapter 92, Property Code, is
amended by adding Sections 92.021 to read as follows:
Sec. 92.021. RIGHT TO RESCIND. (a) A tenant may rescind a
rental application or lease without cause or penalty on or before
the fifth day after the date the landlord provides to the tenant a
key to the premises unless the landlord:
(1) notifies the tenant that the tenant may inspect
the interior of the premises at the time the application is signed
or before the lease is signed; and
(2) allows the tenant to inspect the interior of the
premises before the lease is signed.
(b) A provision of a lease that purports to waive a tenant's
right or to exempt a landlord from liability or duty under this
section is void.
SECTION 5. Section 301.021, Property Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A person may not discriminate against another person
in the terms, conditions, or privileges of the rental of a dwelling
or in providing services or facilities in connection with the
rental of a dwelling because the other person receives a rent
subsidy or other public assistance from a political subdivision of
the state or from the state or federal government.
SECTION 6. Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 247 to read as follows:
CHAPTER 247. CERTAIN PROHIBITIONS APPLYING TO MORE THAN ONE TYPE
OF LOCAL GOVERNMENT
Sec. 247.001. PROHIBITION AGAINST REGULATING RESIDENTIAL
TENANCIES BASED ON IMMIGRATION STATUS. (a) A political
subdivision may not require a landlord to:
(1) refuse to lease to a prospective tenant or renew
the lease of a tenant solely on the basis of the immigration status
of the tenant or a member of the tenant's family; or
(2) inquire as to the immigration status of a tenant or
prospective tenant or a member of the tenant's family.
(b) To the extent the prohibition imposed by Subsection (a)
conflicts with common law, another state statute, or a local
ordinance or other regulation, the prohibition in Subsection (a)
prevails.
SECTION 7. This Act applies only to a lease agreement
entered into on or after the effective date of this Act. A lease
agreement entered into before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2009.