86R30715 NC-F
By: Walle H.B. No. 970
A BILL TO BE ENTITLED
AN ACT
relating to notice requirements for a leased dwelling located in a
floodplain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0132 to read as follows:
Sec. 92.0132. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN.
(a) In this section:
(1) "100-year floodplain" means any area of land
designated as a flood hazard area with a one percent or greater
chance of flooding each year by the Federal Emergency Management
Agency under the National Flood Insurance Act of 1968 (42 U.S.C.
Section 4001 et seq.).
(2) "Flooding" means a general or temporary condition
of partial or complete inundation of a dwelling caused by:
(A) the overflow of inland or tidal waters;
(B) the unusual and rapid accumulation of runoff
or surface waters from any established water source such as a river,
stream, or drainage ditch; or
(C) a ponding of water at or near the place where
heavy or excessive rain fell.
(b) A landlord shall provide to a tenant a written notice
substantially equivalent to the following:
"(Landlord) ( ) is or ( ) is not aware that the dwelling you
are renting is located in a 100-year floodplain. If neither box is
checked, you should assume the dwelling is in a 100-year
floodplain. Even if the dwelling is not in a 100-year floodplain,
the dwelling may still be susceptible to flooding. The Federal
Emergency Management Agency (FEMA) maintains a flood map on its
website that is searchable by address, at no cost, to determine if a
dwelling is located in a flood hazard area. Most tenant insurance
policies do not cover damages or loss incurred in a flood. You
should seek insurance coverage that would cover losses caused by a
flood."
(c) Notwithstanding Subsection (b), a landlord is not
required to disclose on the notice that the landlord is aware that a
dwelling is located in a 100-year floodplain if the elevation of the
dwelling is raised above the 100-year floodplain flood levels in
accordance with federal regulations.
(d) If a landlord knows that flooding has damaged any
portion of a dwelling at least once during the five-year period
immediately preceding the effective date of the lease, the landlord
shall provide a written notice to a tenant that is substantially
equivalent to the following:
"(Landlord) ( ) is or ( ) is not aware that the dwelling you
are renting has flooded at least once within the last five years."
(e) The notices required by Subsections (b) and (d) must be
included in a separate written document given to the tenant before
execution of the lease.
(f) If a landlord violates this section and a tenant suffers
a substantial loss or damage to the tenant's personal property as a
result of flooding, the tenant may terminate the lease by giving a
written notice of termination to the landlord not later than the
30th day after the date the loss or damage occurred. Termination of
a lease under this subsection is effective when the tenant
surrenders possession of the dwelling.
(g) Not later than the 30th day after the effective date of
the termination of a lease under Subsection (f), the landlord shall
refund to the tenant all rent or other amounts paid in advance under
the lease for any period after the effective date of the termination
of the lease.
(h) This section does not affect a tenant's liability for
delinquent, unpaid rent or other sums owed to the landlord before
the date the lease was terminated by the tenant under this section.
SECTION 2. Section 92.0132, Property Code, as added by this
Act, applies only to a lease agreement entered into or renewed on or
after the effective date of this Act.
SECTION 3. This Act takes effect January 1, 2020.