86R11881 NC-D
By: Whitmire S.B. No. 1815
A BILL TO BE ENTITLED
AN ACT
relating to notice to a prospective residential tenant regarding a
dwelling that is located in a floodplain or that has been damaged by
flooding.
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 REGARDING FLOODPLAIN OR FLOOD
DAMAGE. (a) In this section:
(1) "Floodplain" means any area of land that is
located in a 100-year floodplain as determined by the most recent
flood hazard map published by the Federal Emergency Management
Agency under the National Flood Insurance Act of 1968 (42 U.S.C.
Section 4001 et seq.).
(2) "Residential property" means real property
containing one or more dwelling units.
(b) This section applies only to a landlord who offers a
residential property for lease knowing that:
(1) the property is located in a floodplain; or
(2) a structure on the property has previously
received water penetration from a flood caused by rainfall that
occurred during the four years preceding the date of the lease.
(c) Before entering into a lease with a prospective tenant,
a landlord or landlord's representative must inform the prospective
tenant in a written notice, signed by the landlord and the
prospective tenant, that, based on the landlord's knowledge and as
applicable:
(1) the residential property that is the subject of
the lease is located in a floodplain; or
(2) a structure on the property has previously
received water penetration from a flood caused by rainfall that
occurred during the four years preceding the date of the lease.
(d) If a landlord or a landlord's representative fails to
provide the notice required by Subsection (c) and a tenant suffers
loss of or damage to the tenant's personal property located on the
residential property as a result of a flood caused by rainfall, the
tenant may maintain possession of the premises under the terms of
the lease or, after the 10th day after the date the tenant provides
notice to terminate the lease to the landlord or the landlord's
representative, may terminate the lease. Regardless of whether the
tenant terminates the lease, the tenant is entitled to recover
damages and reasonable attorney's fees and court costs from the
landlord.
(e) A landlord or landlord's representative commits a
false, misleading, or deceptive act or practice within the meaning
of Sections 17.46(a) and (b), Business & Commerce Code, or fraud
within the meaning of Chapter 27, Business & Commerce Code, by
failing to provide the notice to a tenant as required by Subsection
(c). Any remedy under Subchapter E, Chapter 17, Business & Commerce
Code, or Chapter 27, Business & Commerce Code, is available to the
tenant.
SECTION 2. The changes in law made by this Act apply only to
a lease entered into on or after the effective date of this Act. A
lease entered into before that date is governed by the law
applicable to the lease immediately before the effective date of
this Act, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2019.