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 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 the sum of one month's rent and $1,000 [or $500,
whichever is greater], less any amount for which the tenant is
liable; and
(2) reasonable attorney's fees.
SECTION 2. Section 92.006, Property Code, is amended by
adding Subsection (h) to read as follows:
(h) A tenant's right to a jury trial in an action brought
under this chapter may not be waived.
SECTION 3. Section 92.056(b), Property Code, is amended to
read as follows:
(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 by another form of
mail that allows tracking of delivery from the United States Postal
Service or a private delivery service;
(4) the landlord has had a reasonable time to repair or
remedy the condition after the landlord received the tenant's
notice under Subdivision (1) and, if applicable, the tenant's
subsequent notice under Subdivision (3);
(5) the landlord has not made a diligent effort to
repair or remedy the condition after the landlord received the
tenant's notice under Subdivision (1) and, if applicable, the
tenant's notice under Subdivision (3); and
(6) the tenant was not delinquent in the payment of
rent at the time any notice required by this subsection was given.
SECTION 4. Section 92.105, Property Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(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 deliver [delivers]
to the tenant a signed statement acknowledging that the new owner
has acquired the property [received] and is responsible for the
tenant's security deposit and specifying the exact dollar amount of
the deposit.
(b-1) The person who no longer owns an interest in the
rental premises is liable for a security deposit received while the
person was the owner until the new owner has received the deposit or
has assumed the liability for the deposit, unless otherwise
specified by the parties in a written contract.
SECTION 5. Subchapter C, Chapter 92, Property Code, is
amended by adding Section 92.110 to read as follows:
Sec. 92.110. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED
NOTICE. (a) If a security deposit was not required by a
residential lease and the tenant is liable for damages and charges
on surrender of the premises, the landlord shall notify the tenant
in writing of the landlord's claim for damages and charges on or
before the date the landlord reports the claim to a consumer
reporting agency or third-party debt collector.
(b) A landlord is not required to provide the notice under
Subsection (a) if the tenant has not given the landlord the tenant's
forwarding address as provided by Section 92.107.
(c) If a landlord does not provide the tenant the notice as
required by this section, the landlord forfeits the right to
collect damages and charges from the tenant. Forfeiture of the
right to collect damages and charges from the tenant is the
exclusive remedy for the failure to provide the proper notice to the
tenant.
SECTION 6. The changes in law made by this Act apply only to
a residential lease agreement entered into on or after the
effective date of this Act. A residential lease agreement entered
into before the effective date of this Act is governed by the law
applicable to the agreement immediately before that date, and the
former law is continued in effect for that purpose.
SECTION 7. This Act takes effect January 1, 2016.