88R7717 PRL-D
By: Gervin-Hawkins H.B. No. 1690
A BILL TO BE ENTITLED
AN ACT
relating to a residential landlord's duty regarding the provision
of certain information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.020, Property Code, is amended by
adding Subsection (e) to read as follows:
(e) If a telephone number provided by a landlord to a tenant
under Subsection (a) or (d) becomes incorrect, the landlord shall:
(1) if Subsection (a) applies to the landlord, post a
notice of the change, including the correct telephone number, in
the manner required by Subsection (b) not later than 24 hours after
the time the telephone number becomes incorrect; and
(2) regardless of whether Subsection (a) applies to
the landlord, give notice of the change, including the correct
telephone number, to the tenant in the tenant's primary language:
(A) by any method within 24 hours after the time
the telephone number becomes incorrect; and
(B) in writing not later than the third day after
the day the telephone number becomes incorrect:
(i) in a paper format by mail or delivered
in person;
(ii) in an electronic format if requested
by the tenant; or
(iii) by e-mail if the landlord and tenant
have communicated by e-mail.
SECTION 2. The heading to Section 92.201, Property Code, is
amended to read as follows:
Sec. 92.201. DISCLOSURE OF OWNERSHIP AND MANAGEMENT;
CONTACT INFORMATION.
SECTION 3. Sections 92.201(a) and (e), Property Code, are
amended to read as follows:
(a) A landlord shall disclose to a tenant, or to any
government official or employee acting in an official capacity,
according to this subchapter:
(1) the name and either a street or post office box
address of the holder of record title, according to the deed records
in the county clerk's office, of the dwelling rented by the tenant
or inquired about by the government official or employee acting in
an official capacity; [and]
(2) if an entity located off-site from the dwelling is
primarily responsible for managing the dwelling, the name and
street address of the management company; and
(3) a telephone number, e-mail address, or other
reasonable method for contacting the landlord or management company
during normal business hours.
(e) A correction to the information disclosed to a
government official or employee under this section may be made by
any of the methods authorized for providing the information.
SECTION 4. Section 92.203, Property Code, is amended to
read as follows:
Sec. 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION
PROVIDED TO TENANT. (a) A landlord who has provided information
under [Subdivision (2) or (3) of Subsection (b) of] Section 92.201
is liable to a tenant according to this subchapter if:
(1) the information becomes incorrect because a name,
[or] address, telephone number, e-mail address, or other method of
contact changes; and
(2) the landlord fails to correct the information as
required by Subsection (b) [on or before the seventh day after the
date the tenant gives the landlord written notice that the tenant
may exercise the remedies under this subchapter if the corrected
information is not provided within seven days].
(b) If information provided by a landlord to a tenant
becomes incorrect as described by Subsection (a)(1), a landlord
shall give notice of the change, including the correct information,
in the tenant's primary language:
(1) by any method within 48 hours after the time the
information becomes incorrect; and
(2) in writing not later than the seventh business day
after the day the information becomes incorrect:
(A) in a paper format by mail or delivered in
person;
(B) in an electronic format if requested by the
tenant; or
(C) by e-mail if the landlord and tenant have
communicated by e-mail.
SECTION 5. Section 92.204, Property Code, is amended to
read as follows:
Sec. 92.204. BAD FAITH VIOLATION. A landlord acts in bad
faith and is liable according to this subchapter if the landlord
gives an incorrect name, [or] address, telephone number, e-mail
address, or other method of contact under [Subsection (a) of]
Section 92.201(a) [92.201] by wilfully:
(1) disclosing incorrect information under Section
92.201(b)(1) or (2) or Section 92.201(d); or
(2) failing to correct information given under Section
92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is
incorrect.
SECTION 6. (a) The changes in law made by this Act to
Sections 92.201(a) and 92.204, Property Code, apply only to
disclosure of contact information made on or after the effective
date of this Act. Disclosure of contact information made before the
effective date of this Act is governed by the law in effect on the
date the disclosure was made, and that law is continued in effect
for that purpose.
(b) The change in law made by this Act to Section 92.203,
Property Code, applies only to liability for failure to correct
contact information given on or after the effective date of this
Act. Liability for failure to correct contact information given
before the effective date of this Act is governed by the law in
effect when the contact information was given, and that law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2023.