| 1 | 1 | | By: Walle H.B. No. 4490 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a landlord's liability to a tenant for a casualty loss |
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| 7 | 7 | | to residential rental premises caused by the landlord. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 92.054, Property Code, is amended by |
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| 10 | 10 | | adding Subsections (d) and (e) to read as follows: |
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| 11 | 11 | | (d) If the rental premises become unusable for residential |
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| 12 | 12 | | purposes as a result of a casualty loss caused by the negligence or |
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| 13 | 13 | | fault of the landlord, the landlord: |
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| 14 | 14 | | (1) if comparable rental premises owned by the |
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| 15 | 15 | | landlord are available for occupancy, shall allow the tenant to |
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| 16 | 16 | | move to the premises for the remainder of the tenant's lease; or |
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| 17 | 17 | | (2) if rental premises owned by the landlord are not |
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| 18 | 18 | | available, shall: |
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| 19 | 19 | | (A) locate comparable rental premises; and |
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| 20 | 20 | | (B) be liable to the tenant for the amount of the |
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| 21 | 21 | | rent for the comparable rental premises that exceeds the amount of |
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| 22 | 22 | | rent the tenant pays to the landlord under the tenant's lease for |
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| 23 | 23 | | the remainder of the tenant's lease. |
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| 24 | 24 | | (e) The duties of a landlord under Subsection (d) are in |
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| 25 | 25 | | addition to any other duties of a landlord or remedies of a tenant |
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| 26 | 26 | | under this subchapter. |
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| 27 | 27 | | SECTION 2. Section 92.054(d), Property Code, as added by |
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| 28 | 28 | | this Act, applies only to a lease that is executed or renewed on or |
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| 29 | 29 | | after the effective date of this Act. A lease that is executed or |
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| 30 | 30 | | renewed before the effective date of this Act is governed by the law |
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| 31 | 31 | | in effect at the time the lease was executed or renewed, and that |
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| 32 | 32 | | law is continued in effect for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2021. |
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