By: Carona, et al. S.B. No. 630
(Naishtat)
A BILL TO BE ENTITLED
AN ACT
relating to certain obligations of and limitations on residential
landlords.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.024 to read as follows:
Sec. 92.024. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE.
(a) Not later than the third business day after the date the lease
is signed by each party to the lease, a landlord shall provide at
least one complete copy of the lease to at least one tenant who is a
party to the lease.
(b) If more than one tenant is a party to the lease, not
later than the third business day after the date a landlord receives
a written request for a copy of a lease from a tenant who has not
received a copy of the lease under Subsection (a), the landlord
shall provide one complete copy of the lease to the requesting
tenant.
(c) A landlord's failure to provide a complete copy of the
lease as described by Subsection (a) or (b) does not invalidate the
lease or, subject to Subsection (d), prevent the landlord from
prosecuting or defending a legal action or proceeding to enforce
the lease.
(d) A landlord may not continue to prosecute and a court
shall abate an action to enforce the lease, other than an action for
nonpayment of rent, only until the landlord provides to a tenant a
complete copy of the lease if the tenant submits to the court
evidence in a plea in abatement or otherwise that the landlord
failed to comply with Subsection (a) or (b).
(e) A landlord may comply with this section by providing to
a tenant a complete copy of the lease:
(1) in a paper format;
(2) in an electronic format if requested by the
tenant; or
(3) by e-mail if the parties have communicated by
e-mail regarding the lease.
SECTION 2. Subsection (a), Section 92.331, Property Code,
is amended to read as follows:
(a) A landlord may not retaliate against a tenant by taking
an action described by Subsection (b) because the tenant:
(1) in good faith exercises or attempts to exercise
against a landlord a right or remedy granted to the tenant by lease,
municipal ordinance, or federal or state statute;
(2) gives a landlord a notice to repair or exercise a
remedy under this chapter; [or]
(3) complains to a governmental entity responsible for
enforcing building or housing codes, a public utility, or a civic or
nonprofit agency, and the tenant:
(A) claims a building or housing code violation
or utility problem; and
(B) believes in good faith that the complaint is
valid and that the violation or problem occurred; or
(4) establishes, attempts to establish, or
participates in a tenant organization.
SECTION 3. The changes in law made by Section 92.024,
Property Code, as added by this Act, apply only to a lease the
effective date of which is on or after the effective date of this
Act. A lease the effective date of which is before the effective
date of this Act 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 4. This Act takes effect January 1, 2014.