Texas 2021 - 87th Regular

Texas Senate Bill SB314 Compare Versions

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

Old	New	Differences
1	1	87R3383 NC-F
2	2	By: Huffman S.B. No. 314
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to notice requirements for leased residential property,
8	8	manufactured home lots, or commercial property located in a flood
9	9	zone.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 91, Property Code, is amended by adding
12	12	Section 91.007 to read as follows:
13	13	Sec. 91.007. NOTICE FOR LEASED PROPERTY LOCATED IN FLOOD
14	14	ZONE. (a) In this section:
15	15	(1) "Commercial property" means real property not
16	16	zoned or otherwise authorized for use as residential property.
17	17	(2) "Dwelling" has the meaning assigned by Section
18	18	92.001.
19	19	(3) "Flood zone" means any area of land designated by
20	20	the Federal Emergency Management Agency under the National Flood
21	21	Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.) as an area of
22	22	land that is susceptible to being inundated by water from any
23	23	source, including:
24	24	(A) a 100-year floodplain;
25	25	(B) a 500-year floodplain; or
26	26	(C) a floodway.
27	27	(4) "Manufactured home lot" has the meaning assigned
28	28	by Section 94.001.
29	29	(b) Before signing a written lease agreement or entering
30	30	into an oral lease agreement for a dwelling, manufactured home lot,
31	31	or commercial property with a prospective tenant, a landlord or
32	32	landlord's agent must provide the written notice described by
33	33	Subsection (d) to the prospective tenant if any part of the
34	34	following is located in a flood zone:
35	35	(1) the dwelling, manufactured home lot, or commercial
36	36	property, as applicable;
37	37	(2) a building in which the dwelling or commercial
38	38	property is located, as applicable;
39	39	(3) the parking area that will be available to the
40	40	prospective tenant or the tenant's guests or customers; or
41	41	(4) if the leased property is a dwelling, the storage
42	42	area for personal property that will be available to the
43	43	prospective tenant.
44	44	(c) If a leased dwelling, lot, property, building, or other
45	45	area described by Subsection (b) is located in an area designated by
46	46	the Federal Emergency Management Agency as a flood zone during the
47	47	term of the lease, the landlord or the landlord's agent shall
48	48	provide the written notice described by Subsection (d) to each
49	49	affected tenant in that area not later than the 30th day after the
50	50	date the flood zone is designated.
51	51	(d) The written notice must:
52	52	(1) clearly state which dwelling, lot, property,
53	53	building, or areas listed under Subsection (b) relevant to the
54	54	tenant's lease are located in a flood zone and whether the area is
55	55	located in a 100-year floodplain, 500-year floodplain, floodway, or
56	56	other area susceptible to flooding;
57	57	(2) if applicable, clearly state that flooding in a
58	58	100-year or 500-year floodplain can and does occur on a more
59	59	frequent basis than once every 100 or 500 years, respectively;
60	60	(3) if the leased property is a dwelling, clearly
61	61	state that most tenant insurance policies do not cover damages or
62	62	loss incurred in a flood event;
63	63	(4) recommend that the tenant seek appropriate
64	64	insurance coverage that would cover losses caused by a flood;
65	65	(5) affirm that the landlord or landlord's agent
66	66	provided the notice:
67	67	(A) before the lease agreement was entered into;
68	68	or
69	69	(B) if Subsection (c) applies, not later than the
70	70	30th day after the date the flood zone is designated; and
71	71	(6) be signed and dated by the landlord or landlord's
72	72	agent and tenant.
73	73	(e) If a landlord or a landlord's agent violates this
74	74	section:
75	75	(1) the tenant may terminate the lease agreement and
76	76	avoid liability for future rent and any other sums due under the
77	77	agreement for terminating the agreement and vacating the property
78	78	before the end of the lease term; and
79	79	(2) if the tenant suffers loss of or damage to the
80	80	tenant's personal property as a result of a flood, the tenant is
81	81	entitled to recover from the landlord the following amounts, less
82	82	any delinquent rent or other sum for which the tenant is liable to
83	83	the landlord:
84	84	(A) the tenant's actual damages;
85	85	(B) the greater of one month's rent or $1,000;
86	86	and
87	87	(C) reasonable attorney's fees and court costs
88	88	incurred in recovering the amounts in Paragraphs (A) and (B).
89	89	SECTION 2. Section 91.007, Property Code, as added by this
90	90	Act, applies only to a lease agreement entered into or renewed on or
91	91	after the effective date of this Act.
92	92	SECTION 3. This Act takes effect September 1, 2021.