Texas 2023 - 88th Regular

Texas House Bill HB1690 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R7717 PRL-D
2	2	By: Gervin-Hawkins H.B. No. 1690
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a residential landlord's duty regarding the provision
8	8	of certain information.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 92.020, Property Code, is amended by
11	11	adding Subsection (e) to read as follows:
12	12	(e) If a telephone number provided by a landlord to a tenant
13	13	under Subsection (a) or (d) becomes incorrect, the landlord shall:
14	14	(1) if Subsection (a) applies to the landlord, post a
15	15	notice of the change, including the correct telephone number, in
16	16	the manner required by Subsection (b) not later than 24 hours after
17	17	the time the telephone number becomes incorrect; and
18	18	(2) regardless of whether Subsection (a) applies to
19	19	the landlord, give notice of the change, including the correct
20	20	telephone number, to the tenant in the tenant's primary language:
21	21	(A) by any method within 24 hours after the time
22	22	the telephone number becomes incorrect; and
23	23	(B) in writing not later than the third day after
24	24	the day the telephone number becomes incorrect:
25	25	(i) in a paper format by mail or delivered
26	26	in person;
27	27	(ii) in an electronic format if requested
28	28	by the tenant; or
29	29	(iii) by e-mail if the landlord and tenant
30	30	have communicated by e-mail.
31	31	SECTION 2. The heading to Section 92.201, Property Code, is
32	32	amended to read as follows:
33	33	Sec. 92.201. DISCLOSURE OF OWNERSHIP AND MANAGEMENT;
34	34	CONTACT INFORMATION.
35	35	SECTION 3. Sections 92.201(a) and (e), Property Code, are
36	36	amended to read as follows:
37	37	(a) A landlord shall disclose to a tenant, or to any
38	38	government official or employee acting in an official capacity,
39	39	according to this subchapter:
40	40	(1) the name and either a street or post office box
41	41	address of the holder of record title, according to the deed records
42	42	in the county clerk's office, of the dwelling rented by the tenant
43	43	or inquired about by the government official or employee acting in
44	44	an official capacity; [and]
45	45	(2) if an entity located off-site from the dwelling is
46	46	primarily responsible for managing the dwelling, the name and
47	47	street address of the management company; and
48	48	(3) a telephone number, e-mail address, or other
49	49	reasonable method for contacting the landlord or management company
50	50	during normal business hours.
51	51	(e) A correction to the information disclosed to a
52	52	government official or employee under this section may be made by
53	53	any of the methods authorized for providing the information.
54	54	SECTION 4. Section 92.203, Property Code, is amended to
55	55	read as follows:
56	56	Sec. 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION
57	57	PROVIDED TO TENANT. (a) A landlord who has provided information
58	58	under [Subdivision (2) or (3) of Subsection (b) of] Section 92.201
59	59	is liable to a tenant according to this subchapter if:
60	60	(1) the information becomes incorrect because a name,
61	61	[or] address, telephone number, e-mail address, or other method of
62	62	contact changes; and
63	63	(2) the landlord fails to correct the information as
64	64	required by Subsection (b) [on or before the seventh day after the
65	65	date the tenant gives the landlord written notice that the tenant
66	66	may exercise the remedies under this subchapter if the corrected
67	67	information is not provided within seven days].
68	68	(b) If information provided by a landlord to a tenant
69	69	becomes incorrect as described by Subsection (a)(1), a landlord
70	70	shall give notice of the change, including the correct information,
71	71	in the tenant's primary language:
72	72	(1) by any method within 48 hours after the time the
73	73	information becomes incorrect; and
74	74	(2) in writing not later than the seventh business day
75	75	after the day the information becomes incorrect:
76	76	(A) in a paper format by mail or delivered in
77	77	person;
78	78	(B) in an electronic format if requested by the
79	79	tenant; or
80	80	(C) by e-mail if the landlord and tenant have
81	81	communicated by e-mail.
82	82	SECTION 5. Section 92.204, Property Code, is amended to
83	83	read as follows:
84	84	Sec. 92.204. BAD FAITH VIOLATION. A landlord acts in bad
85	85	faith and is liable according to this subchapter if the landlord
86	86	gives an incorrect name, [or] address, telephone number, e-mail
87	87	address, or other method of contact under [Subsection (a) of]
88	88	Section 92.201(a) [92.201] by wilfully:
89	89	(1) disclosing incorrect information under Section
90	90	92.201(b)(1) or (2) or Section 92.201(d); or
91	91	(2) failing to correct information given under Section
92	92	92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is
93	93	incorrect.
94	94	SECTION 6. (a) The changes in law made by this Act to
95	95	Sections 92.201(a) and 92.204, Property Code, apply only to
96	96	disclosure of contact information made on or after the effective
97	97	date of this Act. Disclosure of contact information made before the
98	98	effective date of this Act is governed by the law in effect on the
99	99	date the disclosure was made, and that law is continued in effect
100	100	for that purpose.
101	101	(b) The change in law made by this Act to Section 92.203,
102	102	Property Code, applies only to liability for failure to correct
103	103	contact information given on or after the effective date of this
104	104	Act. Liability for failure to correct contact information given
105	105	before the effective date of this Act is governed by the law in
106	106	effect when the contact information was given, and that law is
107	107	continued in effect for that purpose.
108	108	SECTION 7. This Act takes effect September 1, 2023.