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