Texas 2019 - 86th Regular

Texas House Bill HB970 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R30715 NC-F
2	2		By: Walle H.B. No. 970
	3	+	Substitute the following for H.B. No. 970:
	4	+	By: Moody C.S.H.B. No. 970
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to notice requirements for a leased dwelling located in a
8	10		floodplain.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subchapter A, Chapter 92, Property Code, is
11	13		amended by adding Section 92.0132 to read as follows:
12	14		Sec. 92.0132. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN.
13	15		(a) In this section:
14	16		(1) "100-year floodplain" means any area of land
15	17		designated as a flood hazard area with a one percent or greater
16	18		chance of flooding each year by the Federal Emergency Management
17	19		Agency under the National Flood Insurance Act of 1968 (42 U.S.C.
18	20		Section 4001 et seq.).
19	21		(2) "Flooding" means a general or temporary condition
20	22		of partial or complete inundation of a dwelling caused by:
21	23		(A) the overflow of inland or tidal waters;
22	24		(B) the unusual and rapid accumulation of runoff
23	25		or surface waters from any established water source such as a river,
24	26		stream, or drainage ditch; or
25	27		(C) a ponding of water at or near the place where
26	28		heavy or excessive rain fell.
27	29		(b) A landlord shall provide to a tenant a written notice
28	30		substantially equivalent to the following:
29	31		"(Landlord) ( ) is or ( ) is not aware that the dwelling you
30	32		are renting is located in a 100-year floodplain. If neither box is
31	33		checked, you should assume the dwelling is in a 100-year
32	34		floodplain. Even if the dwelling is not in a 100-year floodplain,
33	35		the dwelling may still be susceptible to flooding. The Federal
34	36		Emergency Management Agency (FEMA) maintains a flood map on its
35	37		website that is searchable by address, at no cost, to determine if a
36	38		dwelling is located in a flood hazard area. Most tenant insurance
37	39		policies do not cover damages or loss incurred in a flood. You
38	40		should seek insurance coverage that would cover losses caused by a
39	41		flood."
40	42		(c) Notwithstanding Subsection (b), a landlord is not
41	43		required to disclose on the notice that the landlord is aware that a
42	44		dwelling is located in a 100-year floodplain if the elevation of the
43	45		dwelling is raised above the 100-year floodplain flood levels in
44	46		accordance with federal regulations.
45	47		(d) If a landlord knows that flooding has damaged any
46	48		portion of a dwelling at least once during the five-year period
47	49		immediately preceding the effective date of the lease, the landlord
48	50		shall provide a written notice to a tenant that is substantially
49	51		equivalent to the following:
50	52		"(Landlord) ( ) is or ( ) is not aware that the dwelling you
51	53		are renting has flooded at least once within the last five years."
52	54		(e) The notices required by Subsections (b) and (d) must be
53	55		included in a separate written document given to the tenant before
54	56		execution of the lease.
55	57		(f) If a landlord violates this section and a tenant suffers
56	58		a substantial loss or damage to the tenant's personal property as a
57	59		result of flooding, the tenant may terminate the lease by giving a
58	60		written notice of termination to the landlord not later than the
59	61		30th day after the date the loss or damage occurred. Termination of
60	62		a lease under this subsection is effective when the tenant
61	63		surrenders possession of the dwelling.
62	64		(g) Not later than the 30th day after the effective date of
63	65		the termination of a lease under Subsection (f), the landlord shall
64	66		refund to the tenant all rent or other amounts paid in advance under
65	67		the lease for any period after the effective date of the termination
66	68		of the lease.
67	69		(h) This section does not affect a tenant's liability for
68	70		delinquent, unpaid rent or other sums owed to the landlord before
69	71		the date the lease was terminated by the tenant under this section.
70	72		SECTION 2. Section 92.0132, Property Code, as added by this
71	73		Act, applies only to a lease agreement entered into or renewed on or
72	74		after the effective date of this Act.
73	75		SECTION 3. This Act takes effect January 1, 2020.