Texas 2009 - 81st Regular

Texas House Bill HB4620 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Deshotel H.B. No. 4620
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the rights and responsibilities of residential
7	7	landlords and tenants.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 24, Property Code, is amended by adding
10	10	Section 24.0071 to read as follows:
11	11	Sec. 24.0071. APPOINTMENT OF COUNSEL IN CERTAIN APPEALS.
12	12	(a) On a written application of any party to an eviction suit, the
13	13	county court or county court at law in which an appeal of the suit is
14	14	filed shall appoint counsel to attend to the cause of a party who:
15	15	(1) was in possession of the residence at the time the
16	16	eviction suit was filed in the justice court; and
17	17	(2) has perfected the appeal on a pauper's affidavit
18	18	approved in accordance with Rule 749a, Texas Rules of Civil
19	19	Procedure.
20	20	(b) The appointed counsel shall represent the individual in
21	21	the proceedings of the suit in the county court or county court at
22	22	law. At the conclusion of those proceedings, the appointment
23	23	terminates.
24	24	(c) The court may terminate representation appointed under
25	25	this section for cause.
26	26	(d) Reasonable attorney's fees and expenses of appointed
27	27	counsel shall be:
28	28	(1) taxed by the court in any manner the court
29	29	considers fair and just; and
30	30	(2) paid by the county in which the suit is filed, in
31	31	appropriate suits.
32	32	(e) The court shall provide for a method of service of
33	33	written notice on the parties to an eviction suit of the right to an
34	34	appointment of counsel on perfection of appeal on approval of a
35	35	pauper's affidavit.
36	36	SECTION 2. Chapter 51, Property Code, is amended by adding
37	37	Section 51.0022 to read as follows:
38	38	Sec. 51.0022. NOTICE OF SALE TO TENANT. Not later than the
39	39	seventh day after the date a debtor receives a notice of sale under
40	40	Section 51.002(b), the debtor shall serve a copy of the notice on
41	41	each tenant of the property by any one of the following methods:
42	42	(1) personal delivery to the tenant;
43	43	(2) certified mail, return receipt requested, to the
44	44	tenant; or
45	45	(3) leaving the notice inside the dwelling, as defined
46	46	by Section 92.001, in a conspicuous place if notice in that manner
47	47	is authorized in a written lease.
48	48	SECTION 3. Section 92.019(a), Property Code, is amended to
49	49	read as follows:
50	50	(a) A landlord may not charge a tenant a late fee for failing
51	51	to pay rent unless:
52	52	(1) notice of the fee is included in a written lease;
53	53	(2) the fee is a reasonable estimate of uncertain
54	54	damages to the landlord that are incapable of precise calculation
55	55	and result from late payment of rent; and
56	56	(3) the rent has remained [remains] unpaid one full
57	57	[after the second] day after the date the rent was originally due.
58	58	SECTION 4. Subchapter A, Chapter 92, Property Code, is
59	59	amended by adding Sections 92.021 to read as follows:
60	60	Sec. 92.021. RIGHT TO RESCIND. (a) A tenant may rescind a
61	61	rental application or lease without cause or penalty on or before
62	62	the fifth day after the date the landlord provides to the tenant a
63	63	key to the premises unless the landlord:
64	64	(1) notifies the tenant that the tenant may inspect
65	65	the interior of the premises at the time the application is signed
66	66	or before the lease is signed; and
67	67	(2) allows the tenant to inspect the interior of the
68	68	premises before the lease is signed.
69	69	(b) A provision of a lease that purports to waive a tenant's
70	70	right or to exempt a landlord from liability or duty under this
71	71	section is void.
72	72	SECTION 5. Section 301.021, Property Code, is amended by
73	73	adding Subsection (b-1) to read as follows:
74	74	(b-1) A person may not discriminate against another person
75	75	in the terms, conditions, or privileges of the rental of a dwelling
76	76	or in providing services or facilities in connection with the
77	77	rental of a dwelling because the other person receives a rent
78	78	subsidy or other public assistance from a political subdivision of
79	79	the state or from the state or federal government.
80	80	SECTION 6. Subtitle C, Title 7, Local Government Code, is
81	81	amended by adding Chapter 247 to read as follows:
82	82	CHAPTER 247. CERTAIN PROHIBITIONS APPLYING TO MORE THAN ONE TYPE
83	83	OF LOCAL GOVERNMENT
84	84	Sec. 247.001. PROHIBITION AGAINST REGULATING RESIDENTIAL
85	85	TENANCIES BASED ON IMMIGRATION STATUS. (a) A political
86	86	subdivision may not require a landlord to:
87	87	(1) refuse to lease to a prospective tenant or renew
88	88	the lease of a tenant solely on the basis of the immigration status
89	89	of the tenant or a member of the tenant's family; or
90	90	(2) inquire as to the immigration status of a tenant or
91	91	prospective tenant or a member of the tenant's family.
92	92	(b) To the extent the prohibition imposed by Subsection (a)
93	93	conflicts with common law, another state statute, or a local
94	94	ordinance or other regulation, the prohibition in Subsection (a)
95	95	prevails.
96	96	SECTION 7. This Act applies only to a lease agreement
97	97	entered into on or after the effective date of this Act. A lease
98	98	agreement entered into before the effective date of this Act is
99	99	governed by the law in effect immediately before the effective date
100	100	of this Act, and that law is continued in effect for that purpose.
101	101	SECTION 8. This Act takes effect September 1, 2009.