| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to notice to a prospective residential tenant regarding a |
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| 10 | 8 | | dwelling that is located in a floodplain or that has been damaged by |
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| 11 | 9 | | flooding. |
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| 12 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 11 | | SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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| 14 | 12 | | amended by adding Section 92.0132 to read as follows: |
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| 15 | 13 | | Sec. 92.0132. NOTICE REGARDING FLOODPLAIN OR FLOOD |
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| 16 | 14 | | DAMAGE. (a) In this section: |
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| 17 | 15 | | (1) "Floodplain" means any area of land that is |
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| 18 | 16 | | located in a 100-year floodplain as determined by the most recent |
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| 19 | 17 | | flood hazard map published by the Federal Emergency Management |
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| 20 | 18 | | Agency under the National Flood Insurance Act of 1968 (42 U.S.C. |
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| 21 | 19 | | Section 4001 et seq.). |
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| 22 | 20 | | (2) "Residential property" means real property |
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| 23 | 21 | | containing one or more dwelling units. |
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| 24 | 22 | | (b) This section applies only to a landlord who offers a |
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| 25 | 23 | | residential property for lease knowing that: |
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| 26 | 24 | | (1) the property is located in a floodplain; or |
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| 27 | 25 | | (2) a structure on the property has previously |
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| 28 | 26 | | received water penetration from a flood caused by rainfall that |
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| 29 | 27 | | occurred during the four years preceding the date of the lease. |
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| 30 | 28 | | (c) Before entering into a lease with a prospective tenant, |
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| 31 | 29 | | a landlord or landlord's representative must inform the prospective |
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| 32 | 30 | | tenant in a written notice, signed by the landlord and the |
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| 33 | 31 | | prospective tenant, that, based on the landlord's knowledge and as |
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| 34 | 32 | | applicable: |
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| 35 | 33 | | (1) the residential property that is the subject of |
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| 36 | 34 | | the lease is located in a floodplain; or |
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| 37 | 35 | | (2) a structure on the property has previously |
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| 38 | 36 | | received water penetration from a flood caused by rainfall that |
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| 39 | 37 | | occurred during the four years preceding the date of the lease. |
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| 40 | 38 | | (d) If a landlord or a landlord's representative fails to |
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| 41 | 39 | | provide the notice required by Subsection (c) and a tenant suffers |
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| 42 | | - | loss of or damage to the tenant's personal property located in the |
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| 43 | | - | tenant's leased premises on the residential property and as a |
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| 44 | | - | result of water penetration into the leased premises from a flood |
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| 45 | | - | caused by rainfall, the tenant may: |
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| 46 | | - | (1) maintain possession of the premises under the |
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| 47 | | - | terms of the lease; or |
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| 48 | | - | (2) terminate the lease after the 10th day after the |
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| 49 | | - | date the tenant provides notice to terminate the lease to the |
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| 50 | | - | landlord or the landlord's representative. |
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| 40 | + | loss of or damage to the tenant's personal property located on the |
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| 41 | + | residential property as a result of a flood caused by rainfall, the |
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| 42 | + | tenant may maintain possession of the premises under the terms of |
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| 43 | + | the lease or, after the 10th day after the date the tenant provides |
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| 44 | + | notice to terminate the lease to the landlord or the landlord's |
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| 45 | + | representative, may terminate the lease. Regardless of whether the |
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| 46 | + | tenant terminates the lease, the tenant is entitled to recover |
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| 47 | + | damages and reasonable attorney's fees and court costs from the |
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| 48 | + | landlord. |
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| 49 | + | (e) A landlord or landlord's representative commits a |
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| 50 | + | false, misleading, or deceptive act or practice within the meaning |
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| 51 | + | of Sections 17.46(a) and (b), Business & Commerce Code, or fraud |
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| 52 | + | within the meaning of Chapter 27, Business & Commerce Code, by |
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| 53 | + | failing to provide the notice to a tenant as required by Subsection |
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| 54 | + | (c). Any remedy under Subchapter E, Chapter 17, Business & Commerce |
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| 55 | + | Code, or Chapter 27, Business & Commerce Code, is available to the |
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| 56 | + | tenant. |
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