By: West S.B. No. 1367
A BILL TO BE ENTITLED
AN ACT
relating to certain obligations of and limitations on landlords.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.056 (a) (3), Property Code, is
amended to read as follows:
Sec. 92.056. LANDLORD LIABILITY AND TENANT REMEDIES; NOTICE
AND TIME FOR REPAIR. (a) A landlord's liability under this
section is subject to Section 92.052(b) regarding conditions that
are caused by a tenant and Section 92.054 regarding conditions that
are insured casualties.
(b) A landlord is liable to a tenant as provided by this
subchapter if:
(1) the tenant has given the landlord notice to repair
or remedy a condition by giving that notice to the person to whom or
to the place where the tenant's rent is normally paid;
(2) the condition materially affects the physical
health or safety of an ordinary tenant;
(3) the tenant has given the landlord a subsequent
written notice to repair or remedy the condition after a reasonable
time to repair or remedy the condition following the notice given
under Subdivision (1) or the tenant has given the notice under
Subdivision (1) by sending that notice by certified mail, return
receipt requested, or by registered mail;, or any trackable form of
delivery from the U.S. Postal Service or a private delivery
service.
SECTION 2. Section 92.103, Property Code, is amended to
read as follows:
Sec. 92.103 OBLIGATION TO REFUND AND NOTIFY TENANT OF DAMAGES
AND CHARGES. (a) Except as provided by Section 92.107, the
landlord shall refund a security deposit to the tenant on or before
the 30th day after the date the tenate surrenders the premises.
(b) A requirement that a tenant give advance notice of
surrender as a condition for refunding the security deposit is
effective only if the requirement is underlined or is printed in
conspicuous bold print in the lease.
(c) If there is no deposit placed under the lease and the
landlord claims the tenant owes for damages, the landlord shall
notify the tenant in writing of any damages and charges on or before
the 30th day after the date the tenant surrenders the premises.
SECTION 3. Section 92.006, Property Code, is amended to
read as follows:
Sec. 92.006. WAIVER OR EXPANSION OF DUTIES AND REMEDIES.
(a) A landlord's duty or a tenant's remedy concerning security
deposits, security devices, the landlord's disclosure of ownership
and management, or utility cutoffs, as provided by Subchapter C, D,
E, or G, respectively, may not be waived. A landlord's duty to
install a smoke alarm under Subchapter F may not be waived, nor may
a tenant waive a remedy for the landlord's noninstallation or waive
the tenant's limited right of installation and removal. The
landlord's duty of inspection and repair of smoke alarms under
Subchapter F may be waived only by written agreement.
(b) A landlord's duties and the tenant's remedies concerning
security devices, the landlord's disclosure of ownership and
management, or smoke alarms, as provided by Subchapter D, E, or F,
respectively, may be enlarged only by specific written agreement.
(c) A landlord's duties and the tenant's remedies under
Subchapter B, which covers conditions materially affecting the
physical health or safety of the ordinary tenant, may not be waived
except as provided in Subsections (d), (e), and (f) of this section.
(d) A landlord and a tenant may agree for the tenant to
repair or remedy, at the landlord's expense, any condition covered
by Subchapter B.
(e) A landlord and a tenant may agree for the tenant to
repair or remedy, at the tenant's expense, any condition covered by
Subchapter B if all of the following conditions are met:
(1) at the beginning of the lease term the landlord
owns only one rental dwelling;
(2) at the beginning of the lease term the dwelling is
free from any condition which would materially affect the physical
health or safety of an ordinary tenant;
(3) at the beginning of the lease term the landlord has
no reason to believe that any condition described in Subdivision
(2) of this subsection is likely to occur or recur during the
tenant's lease term or during a renewal or extension; and
(4)(A) the lease is in writing;
(B) the agreement for repairs by the tenant is
either underlined or printed in boldface in the lease or in a
separate written addendum;
(C) the agreement is specific and clear; and
(D) the agreement is made knowingly,
voluntarily, and for consideration.
(f) A landlord and tenant may agree that, except for those
conditions caused by the negligence of the landlord, the tenant has
the duty to pay for repair of the following conditions that may
occur during the lease term or a renewal or extension:
(1) damage from wastewater stoppages caused by foreign
or improper objects in lines that exclusively serve the tenant's
dwelling;
(2) damage to doors, windows, or screens; and
(3) damage from windows or doors left open.
This subsection shall not affect the landlord's duty under
Subchapter B to repair or remedy, at the landlord's expense,
wastewater stoppages or backups caused by deterioration, breakage,
roots, ground conditions, faulty construction, or malfunctioning
equipment. A landlord and tenant may agree to the provisions of
this subsection only if the agreement meets the requirements of
Subdivision (4) of Subsection (e) of this section.
(g) A tenant's right to vacate a dwelling and avoid
liability under Section 92.016 or 92.017 may not be waived by a
tenant or a landlord, except as provided by those sections.
(h) A tenant's right to a jury trial may not be waived.
SECTION 4. Section 54.046, Property Code, is amended to
read as follows:
Sec. 54.046. VIOLATION BY LANDLORD. If a landlord or the
landlord's agent wilfully violates this subchapter, the tenant is
entitled to:
(1) actual damages, return of any property seized that
has not been sold, return of the proceeds of any sale of seized
property, and one month's rent or $500 plus $1,000, whichever is
greater, less any amount for which the tenant is liable; and
(2) reasonable attorney's fees.
SECTION 5. Section 92.105, Property Code, is amended to
read as follows:
Sec. 92.105. CESSATION OF OWNER'S INTEREST. (a) If the
owner's interest in the premises is terminated by sale, assignment,
death, appointment of a receiver, bankruptcy, or otherwise, the new
owner is liable for the return of security deposits according to
this subchapter from the date title to the premises is acquired,
regardless of whether notice is given to the tenant under
Subsection (b) of this section.
(b) The person who no longer owns an interest in the rental
premises remains liable for a security deposit received while the
person was the owner until the new owner shall delivers to the
tenant a signed statement acknowledging that the new owner has
received and is responsible for the tenant's security deposit and
specifying the exact dollar amount of the deposit.
SECTION 6. This Act takes effect January 1, 2016.