Texas 2019 - 86th Regular

Texas Senate Bill SB1815 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R11881 NC-D
2	2	By: Whitmire S.B. No. 1815
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to notice to a prospective residential tenant regarding a
8	8	dwelling that is located in a floodplain or that has been damaged by
9	9	flooding.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 92, Property Code, is
12	12	amended by adding Section 92.0132 to read as follows:
13	13	Sec. 92.0132. NOTICE REGARDING FLOODPLAIN OR FLOOD
14	14	DAMAGE. (a) In this section:
15	15	(1) "Floodplain" means any area of land that is
16	16	located in a 100-year floodplain as determined by the most recent
17	17	flood hazard map published by the Federal Emergency Management
18	18	Agency under the National Flood Insurance Act of 1968 (42 U.S.C.
19	19	Section 4001 et seq.).
20	20	(2) "Residential property" means real property
21	21	containing one or more dwelling units.
22	22	(b) This section applies only to a landlord who offers a
23	23	residential property for lease knowing that:
24	24	(1) the property is located in a floodplain; or
25	25	(2) a structure on the property has previously
26	26	received water penetration from a flood caused by rainfall that
27	27	occurred during the four years preceding the date of the lease.
28	28	(c) Before entering into a lease with a prospective tenant,
29	29	a landlord or landlord's representative must inform the prospective
30	30	tenant in a written notice, signed by the landlord and the
31	31	prospective tenant, that, based on the landlord's knowledge and as
32	32	applicable:
33	33	(1) the residential property that is the subject of
34	34	the lease is located in a floodplain; or
35	35	(2) a structure on the property has previously
36	36	received water penetration from a flood caused by rainfall that
37	37	occurred during the four years preceding the date of the lease.
38	38	(d) If a landlord or a landlord's representative fails to
39	39	provide the notice required by Subsection (c) and a tenant suffers
40	40	loss of or damage to the tenant's personal property located on the
41	41	residential property as a result of a flood caused by rainfall, the
42	42	tenant may maintain possession of the premises under the terms of
43	43	the lease or, after the 10th day after the date the tenant provides
44	44	notice to terminate the lease to the landlord or the landlord's
45	45	representative, may terminate the lease. Regardless of whether the
46	46	tenant terminates the lease, the tenant is entitled to recover
47	47	damages and reasonable attorney's fees and court costs from the
48	48	landlord.
49	49	(e) A landlord or landlord's representative commits a
50	50	false, misleading, or deceptive act or practice within the meaning
51	51	of Sections 17.46(a) and (b), Business & Commerce Code, or fraud
52	52	within the meaning of Chapter 27, Business & Commerce Code, by
53	53	failing to provide the notice to a tenant as required by Subsection
54	54	(c). Any remedy under Subchapter E, Chapter 17, Business & Commerce
55	55	Code, or Chapter 27, Business & Commerce Code, is available to the
56	56	tenant.
57	57	SECTION 2. The changes in law made by this Act apply only to
58	58	a lease entered into on or after the effective date of this Act. A
59	59	lease entered into before that date is governed by the law
60	60	applicable to the lease immediately before the effective date of
61	61	this Act, and the former law is continued in effect for that
62	62	purpose.
63	63	SECTION 3. This Act takes effect September 1, 2019.