Texas 2013 - 83rd Regular

Texas Senate Bill SB630 Compare Versions

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1	1	By: Carona, et al. S.B. No. 630
2	2	(Naishtat)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain obligations of and limitations on residential
8	8	landlords.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 92, Property Code, is
11	11	amended by adding Section 92.024 to read as follows:
12	12	Sec. 92.024. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE.
13	13	(a) Not later than the third business day after the date the lease
14	14	is signed by each party to the lease, a landlord shall provide at
15	15	least one complete copy of the lease to at least one tenant who is a
16	16	party to the lease.
17	17	(b) If more than one tenant is a party to the lease, not
18	18	later than the third business day after the date a landlord receives
19	19	a written request for a copy of a lease from a tenant who has not
20	20	received a copy of the lease under Subsection (a), the landlord
21	21	shall provide one complete copy of the lease to the requesting
22	22	tenant.
23	23	(c) A landlord's failure to provide a complete copy of the
24	24	lease as described by Subsection (a) or (b) does not invalidate the
25	25	lease or, subject to Subsection (d), prevent the landlord from
26	26	prosecuting or defending a legal action or proceeding to enforce
27	27	the lease.
28	28	(d) A landlord may not continue to prosecute and a court
29	29	shall abate an action to enforce the lease, other than an action for
30	30	nonpayment of rent, only until the landlord provides to a tenant a
31	31	complete copy of the lease if the tenant submits to the court
32	32	evidence in a plea in abatement or otherwise that the landlord
33	33	failed to comply with Subsection (a) or (b).
34	34	(e) A landlord may comply with this section by providing to
35	35	a tenant a complete copy of the lease:
36	36	(1) in a paper format;
37	37	(2) in an electronic format if requested by the
38	38	tenant; or
39	39	(3) by e-mail if the parties have communicated by
40	40	e-mail regarding the lease.
41	41	SECTION 2. Subsection (a), Section 92.331, Property Code,
42	42	is amended to read as follows:
43	43	(a) A landlord may not retaliate against a tenant by taking
44	44	an action described by Subsection (b) because the tenant:
45	45	(1) in good faith exercises or attempts to exercise
46	46	against a landlord a right or remedy granted to the tenant by lease,
47	47	municipal ordinance, or federal or state statute;
48	48	(2) gives a landlord a notice to repair or exercise a
49	49	remedy under this chapter; [or]
50	50	(3) complains to a governmental entity responsible for
51	51	enforcing building or housing codes, a public utility, or a civic or
52	52	nonprofit agency, and the tenant:
53	53	(A) claims a building or housing code violation
54	54	or utility problem; and
55	55	(B) believes in good faith that the complaint is
56	56	valid and that the violation or problem occurred; or
57	57	(4) establishes, attempts to establish, or
58	58	participates in a tenant organization.
59	59	SECTION 3. The changes in law made by Section 92.024,
60	60	Property Code, as added by this Act, apply only to a lease the
61	61	effective date of which is on or after the effective date of this
62	62	Act. A lease the effective date of which is before the effective
63	63	date of this Act is governed by the law as it existed immediately
64	64	before the effective date of this Act, and that law is continued in
65	65	effect for that purpose.
66	66	SECTION 4. This Act takes effect January 1, 2014.