Texas 2023 - 88th Regular

Texas House Bill HB2516 Compare Versions

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1	1	88R9834 DRS-F
2	2	By: Walle H.B. No. 2516
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain rights and duties of residential tenants and
8	8	landlords.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 24.005, Property Code, is
11	11	amended to read as follows:
12	12	Sec. 24.005. NOTICE TO CURE DEFAULT FOR NONPAYMENT OF RENT;
13	13	NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT.
14	14	SECTION 2. Section 24.005, Property Code, is amended by
15	15	amending Subsection (a) and adding Subsections (a-1), (a-2), and
16	16	(a-3) to read as follows:
17	17	(a) Except as provided by Subsections (a-1) and (a-2), if
18	18	[If] the occupant is a tenant under a written lease or oral rental
19	19	agreement, the landlord must give a tenant who defaults or holds
20	20	over beyond the end of the rental term or renewal period at least
21	21	three days' written notice to vacate the premises before the
22	22	landlord files a forcible detainer suit, unless the parties have
23	23	contracted for a shorter or longer notice period in a written lease
24	24	or agreement. A landlord who files a forcible detainer suit on
25	25	grounds that the tenant is holding over beyond the end of the rental
26	26	term or renewal period must also comply with the tenancy
27	27	termination requirements of Section 91.001.
28	28	(a-1) The landlord must give a residential tenant who
29	29	defaults for nonpayment of rent 10 days' written notice and an
30	30	opportunity to cure the default by paying any delinquent rent
31	31	before issuing the notice to vacate under Subsection (a-2). The
32	32	written notice must include, in all capital letters in an easily
33	33	readable font and type size, the words "YOU ARE IN DEFAULT OF THE
34	34	LEASE FOR NONPAYMENT OF RENT. YOU HAVE 10 DAYS AFTER THE DATE THIS
35	35	NOTICE WAS DELIVERED TO PAY THE RENT BEFORE A NOTICE TO VACATE MAY
36	36	BE ISSUED. CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR
37	37	IF YOU NEED HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE
38	38	AN ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL
39	39	ASSISTANCE."
40	40	(a-2) After a landlord gives a tenant an opportunity to cure
41	41	under Subsection (a-1), the landlord must give the tenant at least
42	42	14 days' written notice to vacate the premises before the landlord
43	43	files a forcible detainer suit. The notice to vacate must state the
44	44	reason for the notice and must include, in all capital letters in an
45	45	easily readable font and type size, the words "THIS IS NOT AN
46	46	EVICTION ORDER. THIS IS A DEMAND FOR POSSESSION OF THE PROPERTY.
47	47	AN EVICTION CASE MAY BE FILED AGAINST YOU 14 DAYS AFTER THE DATE
48	48	THIS NOTICE WAS DELIVERED. CALL THE STATE BAR OF TEXAS TOLL-FREE AT
49	49	1-877-9TEXBAR IF YOU NEED HELP LOCATING AN ATTORNEY. IF YOU CANNOT
50	50	AFFORD TO HIRE AN ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST
51	51	LEGAL ASSISTANCE."
52	52	(a-3) If applicable, the written notice to vacate must
53	53	inform a residential tenant of the tenant's right to cure the
54	54	default for nonpayment of rent under Section 24.00605.
55	55	SECTION 3. Chapter 24, Property Code, is amended by adding
56	56	Sections 24.00605, 24.012, 24.013, and 24.014 to read as follows:
57	57	Sec. 24.00605. RESIDENTIAL TENANT'S RIGHT TO CURE BEFORE
58	58	WRIT OF POSSESSION EXECUTED. (a) Except as provided by Subsection
59	59	(b), a residential tenant who is in default for nonpayment of rent
60	60	under a written or oral lease may cure the default and reinstate the
61	61	lease by paying all rent, court costs, and attorney's fees not later
62	62	than the date that a writ of possession is executed.
63	63	(b) Unless the lease provides otherwise, a tenant may not
64	64	cure a default if the tenant cured a default under this section in
65	65	the 12-month period preceding the date the writ of possession is
66	66	executed.
67	67	Sec. 24.012. ACCESS TO EVICTION CASE INFORMATION. (a) In
68	68	this section:
69	69	(1) "Eviction case" means a lawsuit brought under this
70	70	chapter to recover possession of leased or rented residential real
71	71	property from a tenant.
72	72	(2) "Eviction case information" means all records and
73	73	files related to a filing of an eviction case, including petitions
74	74	and dispositions.
75	75	(b) This section applies to an eviction case in which an
76	76	order granting limited dissemination of eviction case information
77	77	has not been entered under Section 24.013.
78	78	(c) The court clerk shall allow access to eviction case
79	79	information only to:
80	80	(1) a party to the action, including a party's
81	81	attorney;
82	82	(2) a person who provides the clerk with:
83	83	(A) the names of at least one plaintiff and one
84	84	defendant; and
85	85	(B) the address of the premises, including the
86	86	apartment or unit number, if any;
87	87	(3) a resident of the premises who:
88	88	(A) provides the clerk with the name of one of the
89	89	parties or the case number; and
90	90	(B) shows proof of residency;
91	91	(4) a person in accordance with a court order, which
92	92	may be granted ex parte, issued on a showing of good cause;
93	93	(5) a person in accordance with a court order issued at
94	94	the time the judgment in the case is entered, if the judgment is
95	95	entered:
96	96	(A) for the plaintiff after a trial; and
97	97	(B) after the 60th day after the date the
98	98	complaint was filed; or
99	99	(6) any other person after the 60th day after the date
100	100	the complaint was filed:
101	101	(A) if the plaintiff prevailed in the action
102	102	before the 60th day after the date the complaint was filed; or
103	103	(B) if the case involved residential real
104	104	property purchased at a foreclosure sale and judgment against all
105	105	defendants was entered for the plaintiff after a trial.
106	106	(d) If a default or default judgment is set aside after the
107	107	60th day after the date the complaint was filed, this section
108	108	applies as if the complaint had been filed on the date the default
109	109	or default judgment is set aside.
110	110	(e) This section may not be construed to prohibit the court
111	111	from issuing an order that bars access to eviction case information
112	112	if stipulated by the parties to the case.
113	113	(f) For purposes of this section, good cause for access to
114	114	eviction case information includes the gathering of:
115	115	(1) newsworthy facts by a journalist as defined by
116	116	Article 38.11, Code of Criminal Procedure; and
117	117	(2) evidence by a party to the eviction case solely for
118	118	the purpose of making a request for judicial notice.
119	119	(g) After the filing of an eviction case, the court clerk
120	120	shall mail notice to each defendant named in the case. The notice
121	121	must be mailed to the address provided in the complaint. The notice
122	122	must contain a statement that an eviction case has been filed
123	123	against the defendant and that access to the eviction case
124	124	information will be delayed for 60 days except to a party, an
125	125	attorney for one of the parties, a person who has good cause for
126	126	access as determined by a court, or any other person who provides to
127	127	the clerk:
128	128	(1) the names of at least one plaintiff and one
129	129	defendant in the case and provides to the clerk the address,
130	130	including any applicable apartment or unit number, of the subject
131	131	premises; or
132	132	(2) the name of one of the parties in the case or the
133	133	case number and can establish through proper identification that
134	134	the person resides at the address identified in the case.
135	135	(h) The notice must also contain:
136	136	(1) the name and telephone number of the county bar
137	137	association for the county in which the case is filed;
138	138	(2) the name and telephone number of any entity that
139	139	requests inclusion on the notice and demonstrates to the
140	140	satisfaction of the court that the entity has been certified by the
141	141	State Bar of Texas as a lawyer referral service and maintains a
142	142	panel of attorneys qualified in the practice of landlord-tenant law
143	143	under the minimum standards for a lawyer referral service
144	144	established by the State Bar of Texas and Chapter 952, Occupations
145	145	Code;
146	146	(3) the following statement: "The State Bar of Texas
147	147	certifies lawyer referral services in Texas and publishes a list of
148	148	certified lawyer referral services. To locate a lawyer referral
149	149	service in your area, go to the State Bar's Internet website at
150	150	www.texasbar.com or call 1-877-9TEXBAR.";
151	151	(4) the names and telephone numbers of offices that
152	152	provide legal services at low or no cost to low-income persons in
153	153	the county in which the action is filed; and
154	154	(5) a statement that a person receiving the notice may
155	155	call the telephone numbers described in the notice for legal advice
156	156	regarding the case.
157	157	(i) The court clerk shall mail a notice required under this
158	158	section not earlier than the 24th hour and not later than the 48th
159	159	hour after the time the eviction case is filed, excluding weekends
160	160	and holidays.
161	161	(j) The court clerk shall mail separately to the subject
162	162	premises one copy of the notice addressed to "all occupants." The
163	163	notice does not constitute service of the summons and complaint.
164	164	Sec. 24.013. LIMITED DISSEMINATION OF EVICTION CASE
165	165	INFORMATION. (a) In this section, "eviction case" and "eviction
166	166	case information" have the meanings assigned by Section 24.012.
167	167	(b) Concurrently with a final judgment or dismissal in an
168	168	eviction case or on petition of a defendant in an eviction case
169	169	after a final judgment or dismissal in the case, a court shall enter
170	170	an order of limited dissemination of the eviction case information
171	171	pertaining to the defendant if:
172	172	(1) the judgment is or was entered in favor of the
173	173	defendant;
174	174	(2) the eviction case is or was dismissed without any
175	175	relief granted to the plaintiff;
176	176	(3) the defendant is or was a tenant not otherwise in
177	177	default and the eviction case was brought by the landlord's
178	178	successor in interest following foreclosure; or
179	179	(4) at least three years have elapsed from the date of
180	180	the final judgment in the eviction case.
181	181	(c) Concurrently with a final judgment or dismissal in an
182	182	eviction case or on petition of a defendant in an eviction case
183	183	after a final judgment or dismissal in the case, a court may order
184	184	the limited dissemination of eviction case information pertaining
185	185	to the defendant if the court finds that:
186	186	(1) the limited dissemination of the eviction case
187	187	information is in the interest of justice; and
188	188	(2) the interest of justice is not outweighed by the
189	189	public's interest in knowing the eviction case information.
190	190	(d) If an order is entered granting limited dissemination of
191	191	eviction case information pertaining to a defendant under this
192	192	section:
193	193	(1) all courts or court clerks shall delete or redact
194	194	all index references to the name of the defendant that relate to the
195	195	eviction case information from the public records; and
196	196	(2) except to the extent permitted by federal law, a
197	197	credit reporting agency, a person who regularly collects and
198	198	disseminates eviction case information, or a person who sells
199	199	eviction case information may not:
200	200	(A) disclose the existence of the eviction case;
201	201	or
202	202	(B) use the eviction case information as a factor
203	203	in determining a score or recommendation in a tenant screening
204	204	report regarding the defendant.
205	205	(e) A person who knowingly violates Subsection (d) is liable
206	206	to an injured party for:
207	207	(1) actual damages;
208	208	(2) exemplary damages of $1,000; and
209	209	(3) reasonable attorney's fees and court costs.
210	210	(f) Notwithstanding Section 41.004(a), Civil Practice and
211	211	Remedies Code, a court shall award exemplary damages under
212	212	Subsection (e)(2) to the injured party irrespective of whether the
213	213	party is awarded actual damages.
214	214	Sec. 24.014. EVICTION CASE INFORMATION RELATED TO COVID-19
215	215	PANDEMIC. (a) In this section, "eviction case" has the meaning
216	216	assigned by Section 24.012.
217	217	(b) Except as provided by Subsection (d), a landlord may not
218	218	refuse to rent, negotiate for the rental of, or in any other manner
219	219	make unavailable or deny a dwelling to a person because of an
220	220	eviction case brought against the person during a state of disaster
221	221	declared by the governor under Section 418.014, Government Code,
222	222	related to the coronavirus disease (COVID-19) pandemic or before
223	223	the 180th day after the date of termination of the state of
224	224	disaster.
225	225	(c) A court may find that limited dissemination of
226	226	information related to an eviction case brought against a person
227	227	during the period described by Subsection (b) is in the interest of
228	228	justice for purposes of Section 24.013.
229	229	(d) This section does not apply to an eviction case based on
230	230	actions of the tenant that create an imminent threat to the health
231	231	or safety of the landlord, a member of the landlord's or tenant's
232	232	household, other tenants, or neighbors.
233	233	SECTION 4. Section 92.0081(b), Property Code, is amended to
234	234	read as follows:
235	235	(b) A landlord may not intentionally prevent a tenant from
236	236	entering the leased premises except by judicial process unless the
237	237	exclusion results from:
238	238	(1) bona fide repairs, construction, or an emergency;
239	239	or
240	240	(2) removing the contents of premises abandoned by a
241	241	tenant[; or
242	242	[(3) changing the door locks on the door to the
243	243	tenant's individual unit of a tenant who is delinquent in paying at
244	244	least part of the rent].
245	245	SECTION 5. The heading to Section 92.011, Property Code, is
246	246	amended to read as follows:
247	247	Sec. 92.011. [CASH] RENTAL PAYMENTS.
248	248	SECTION 6. Section 92.011, Property Code, is amended by
249	249	adding Subsection (b-1) to read as follows:
250	250	(b-1) A landlord shall apply any payment received from a
251	251	tenant to unpaid rent before applying the payment to a fee, charge,
252	252	or other sum of money owed by the tenant that is not rent. This
253	253	subsection applies without regard to the method of payment.
254	254	SECTION 7. Subchapter A, Chapter 92, Property Code, is
255	255	amended by adding Section 92.0111 to read as follows:
256	256	Sec. 92.0111. NON-UTILITY MANDATORY SERVICE FEES
257	257	PROHIBITED. (a) In this section, "mandatory service" means any
258	258	service other than water, gas, or electric utility services
259	259	provided to a tenant under a lease and for which the lease does not
260	260	allow the tenant to voluntarily opt out of receiving the service.
261	261	(b) A landlord shall include any charges for a mandatory
262	262	service in the rent and may not charge a tenant a separate fee for a
263	263	mandatory service.
264	264	SECTION 8. Section 92.019, Property Code, is amended by
265	265	amending Subsection (a-1) and adding Subsection (b-1) to read as
266	266	follows:
267	267	(a-1) For purposes of this section, a late fee is considered
268	268	reasonable if[:
269	269	[(1)] the late fee is not more than the lesser of [:
270	270	[(A) 12 percent of the amount of rent for the
271	271	rental period under the lease for a dwelling located in a structure
272	272	that contains not more than four dwelling units; or
273	273	[(B)] 10 percent of the amount of rent for the
274	274	rental period under the lease or $75 [for a dwelling located in a
275	275	structure that contains more than four dwelling units; or
276	276	[(2) the late fee is more than the applicable amount
277	277	under Subdivision (1), but not more than uncertain damages to the
278	278	landlord related to the late payment of rent, including direct or
279	279	indirect expenses, direct or indirect costs, or overhead associated
280	280	with the collection of late payment].
281	281	(b-1) A landlord may not charge a tenant a late fee on an
282	282	unpaid amount that does not include unpaid rent and consists
283	283	entirely of a fee, charge, or other sum of money owed by the tenant
284	284	that is not rent, including a late fee charged under Subsection (a).
285	285	SECTION 9. Subchapter A, Chapter 92, Property Code, is
286	286	amended by adding Section 92.022 to read as follows:
287	287	Sec. 92.022. CERTAIN CRIMINAL MATTERS NOT DEFAULT.
288	288	Notwithstanding any terms of a lease to the contrary, the arrest,
289	289	charge, detention, or deferred adjudication or pretrial diversion
290	290	of a tenant for any crime does not constitute a default under the
291	291	lease by the tenant.
292	292	SECTION 10. Subchapter A, Chapter 92, Property Code, is
293	293	amended by adding Section 92.027 to read as follows:
294	294	Sec. 92.027. NOTICE REGARDING ENTRY TO DWELLING BY
295	295	LANDLORD. (a) Except as provided by Subsection (c), a landlord may
296	296	enter a dwelling only if the landlord has delivered to the tenant,
297	297	at least 48 hours before the entry, a written notice containing the
298	298	date and time the landlord will enter the tenant's dwelling and the
299	299	purpose for the entry.
300	300	(b) After giving notice as required by Subsection (a), a
301	301	landlord may enter a dwelling only:
302	302	(1) on the date and at the time contained in the
303	303	notice; and
304	304	(2) for the purpose stated in the notice.
305	305	(c) In the case of an emergency, a landlord may enter a
306	306	dwelling as necessary without providing the notice required by
307	307	Subsection (a).
308	308	(d) A provision of a lease that purports to waive a right or
309	309	to exempt a party from a liability or duty under this section is
310	310	void.
311	311	SECTION 11. Section 92.052, Property Code, is amended by
312	312	adding Subsections (a-1), (a-2), and (a-3) to read as follows:
313	313	(a-1) Before a lease is executed, a landlord or a landlord's
314	314	agent shall:
315	315	(1) inspect the premises;
316	316	(2) make a diligent effort to complete all repairs
317	317	necessary to make the premises habitable, including ensuring that
318	318	the premises:
319	319	(A) have a device to supply hot water of a minimum
320	320	temperature of 120 degrees Fahrenheit that is in good operating
321	321	condition; and
322	322	(B) comply with the requirements of applicable
323	323	building or housing codes material to the physical health and
324	324	safety of the ordinary tenant; and
325	325	(3) affirm in the lease that the landlord has complied
326	326	with this subsection.
327	327	(a-2) If, not later than the seventh day after the lease
328	328	start date and except as provided by Subsection (a-3), a tenant
329	329	discovers that the premises do not meet the requirements of
330	330	Subsection (a-1)(2)(A) or (B), the tenant, after notifying the
331	331	landlord by giving that notice to the person to whom or to the place
332	332	where the tenant's rent is normally paid, may:
333	333	(1) terminate the lease;
334	334	(2) withhold rent payments or have the condition
335	335	repaired or remedied according to Section 92.0561;
336	336	(3) deduct from the tenant's rent, without necessity
337	337	of judicial action, the cost of the repair or remedy according to
338	338	Section 92.0561; and
339	339	(4) obtain judicial remedies according to Section
340	340	92.0563.
341	341	(a-3) A tenant who elects to terminate the lease under
342	342	Subsection (a-2) is:
343	343	(1) entitled to a pro rata refund of rent from the date
344	344	of termination or the date the tenant moves out, whichever is later;
345	345	(2) entitled to deduct the tenant's security deposit
346	346	from the tenant's rent, without necessity of judicial action, or to
347	347	obtain a refund of the tenant's security deposit according to law;
348	348	and
349	349	(3) not entitled to the other repair and deduct
350	350	remedies under Section 92.0561 or the judicial remedies under
351	351	Sections 92.0563(a)(1) and (2).
352	352	SECTION 12. Section 92.054, Property Code, is amended by
353	353	amending Subsections (b) and (c) and adding Subsections (b-1),
354	354	(b-2), (b-3), (b-4), (b-5), (d), (e), (f), and (g) to read as
355	355	follows:
356	356	(b) If after a casualty loss the rental premises are as a
357	357	practical matter totally unusable for residential purposes and if
358	358	the casualty loss is not caused by the negligence or fault of the
359	359	tenant, a member of the tenant's family, or a guest or invitee of
360	360	the tenant, either the landlord or the tenant may terminate the
361	361	lease by giving written notice to the other any time before repairs
362	362	are completed.
363	363	(b-1) A notice described by Subsection (b) must be provided:
364	364	(1) to a landlord:
365	365	(A) by hand delivery or mail to a forwarding
366	366	address that the landlord provides to the tenant by e-mail or
367	367	otherwise; or
368	368	(B) if a forwarding address has not been provided
369	369	as described by Paragraph (A):
370	370	(i) by hand delivery to the landlord or the
371	371	landlord's representative at another location; or
372	372	(ii) by mail to the place where the tenant's
373	373	rent is normally paid; or
374	374	(2) to a tenant:
375	375	(A) by hand delivery or mail to a forwarding
376	376	address that the tenant provides to the landlord by e-mail or
377	377	otherwise; or
378	378	(B) if a forwarding address has not been provided
379	379	as described by Paragraph (A):
380	380	(i) by hand delivery to the tenant at
381	381	another location; or
382	382	(ii) by mail to the tenant's rental
383	383	premises.
384	384	(b-2) A termination of a lease as authorized by Subsection
385	385	(b) may not take effect before the 15th day after the date the
386	386	notice is delivered. If more than one method under Subsection (b-1)
387	387	is used to provide notice, the method under which the notice was
388	388	delivered on the earliest date applies for purposes of this
389	389	subsection.
390	390	(b-3) A landlord may not charge rent for the rental premises
391	391	and rent for the rental premises may not accrue after the date the
392	392	premises became as a practical matter totally unusable for
393	393	residential purposes as a result of a casualty loss.
394	394	(b-4) Subject to Subsection (b-5) and notwithstanding that
395	395	the termination of the lease has not taken effect under Subsection
396	396	(b-2), if a notice to terminate [If] the lease is provided under
397	397	this section [terminated], the landlord shall pay to the tenant not
398	398	later than the fifth day after the date the notice is delivered:
399	399	(1) a refund of any prepaid rent;
400	400	(2) [is entitled only to] a pro rata refund of rent
401	401	from the date the rental premises became as a practical matter
402	402	totally unusable for residential purposes as a result of a casualty
403	403	loss; [tenant moves out] and
404	404	(3) [to] a full refund of any security deposit
405	405	[otherwise required by law].
406	406	(b-5) If a tenant has not provided the landlord a forwarding
407	407	address as described by Subsection (b-1)(2)(A), the period for
408	408	providing the refund amounts specified by Subsection (b-4) is
409	409	tolled until the tenant provides the landlord a written statement
410	410	by e-mail or otherwise of the tenant's forwarding address for the
411	411	purpose of refunding those amounts. A tenant that provides notice
412	412	under Subsection (b) may provide the written statement of the
413	413	tenant's forwarding address in that notice. A landlord that
414	414	provides notice under Subsection (b) must include a statement
415	415	informing the tenant of the requirement of this subsection.
416	416	(c) If after a casualty loss the rental premises are
417	417	partially unusable for residential purposes and if the casualty
418	418	loss is not caused by the negligence or fault of the tenant, a
419	419	member of the tenant's family, or a guest or invitee of the tenant,
420	420	the tenant is entitled to reduction in the rent for the month in
421	421	which the casualty loss occurs and any subsequent months in the
422	422	lease term in which the rental premises are partially unusable for
423	423	residential purposes. The tenant is entitled to determine the
424	424	amount of the reduction in the rent, provided that the tenant must
425	425	determine [in] an amount that is proportionate to the extent the
426	426	premises are unusable because of the casualty loss [, but only on
427	427	judgment of a county or district court]. A tenant entitled to a
428	428	reduction in rent may deduct and withhold from a rent payment the
429	429	amount determined by the tenant [A landlord and tenant may agree
430	430	otherwise in a written lease].
431	431	(d) It is a defense in a proceeding to recover unpaid rent
432	432	for a rental premises, including a proceeding to recover possession
433	433	of a rental premises for nonpayment of rent, that a rent payment was
434	434	reduced, deducted, and withheld in accordance with Subsection (c).
435	435	(e) If a tenant asserts a defense under Subsection (d), the
436	436	court shall determine the amount of the reduction in the rent that
437	437	is proportionate to the extent the premises are unusable because of
438	438	the casualty. If the tenant withheld an amount less than the amount
439	439	determined by the court, the court shall enter a judgment for the
440	440	tenant in an amount equal to the amount the tenant overpaid. If the
441	441	tenant withheld an amount greater than the amount determined by the
442	442	court, the court:
443	443	(1) may assess late fees in accordance with the lease
444	444	if the court finds that the tenant acted in bad faith in reducing or
445	445	withholding the rent payment;
446	446	(2) shall order the tenant to pay into the registry of
447	447	the court or, if the landlord consents in writing, directly to the
448	448	landlord:
449	449	(A) an amount equal to the amount the tenant
450	450	underpaid; and
451	451	(B) any late fees assessed under Subdivision (1);
452	452	(3) may not enter a final judgment in the proceeding
453	453	before the 10th business day after the date the court issued the
454	454	order of payment under Subdivision (2); and
455	455	(4) shall dismiss the proceeding against the tenant if
456	456	the tenant complies with the order of payment under Subdivision (2)
457	457	before the 10th business day after the date the court issued the
458	458	order of payment under Subdivision (2).
459	459	(f) It is a defense in a proceeding to recover possession of
460	460	a rental premises after the landlord terminates a lease under this
461	461	section that the premises are totally or partially usable for
462	462	residential purposes.
463	463	(g) A provision of a lease is void if the provision purports
464	464	to:
465	465	(1) waive a right or exempt a party from a liability or
466	466	duty under this section; or
467	467	(2) expand a party's right to unilaterally terminate a
468	468	lease under this section.
469	469	SECTION 13. Sections 92.056(b) and (e), Property Code, are
470	470	amended to read as follows:
471	471	(b) A landlord is liable to a tenant as provided by this
472	472	subchapter if:
473	473	(1) the tenant has given the landlord notice to repair
474	474	or remedy a condition by giving that notice to the person to whom or
475	475	to the place where the tenant's rent is normally paid;
476	476	(2) the condition materially affects the physical
477	477	health or safety of an ordinary tenant;
478	478	(3) the tenant has given the landlord a subsequent
479	479	written notice to repair or remedy the condition after a reasonable
480	480	time to repair or remedy the condition following the notice given
481	481	under Subdivision (1) or the tenant has given the notice under
482	482	Subdivision (1) by sending that notice by:
483	483	(A) a method specified in the lease;
484	484	(B) a method generally accepted by the landlord
485	485	in practice;
486	486	(C) certified mail, return receipt requested;
487	487	(D) [, by] registered mail; [,] or
488	488	(E) [by] another form of mail that allows
489	489	tracking of delivery from the United States Postal Service or a
490	490	private delivery service;
491	491	(4) the landlord has had a reasonable time to repair or
492	492	remedy the condition after the landlord received the tenant's
493	493	notice under Subdivision (1) and, if applicable, the tenant's
494	494	subsequent notice under Subdivision (3);
495	495	(5) the landlord has not made a diligent effort to
496	496	repair or remedy the condition after the landlord received the
497	497	tenant's notice under Subdivision (1) and, if applicable, the
498	498	tenant's notice under Subdivision (3); and
499	499	(6) the tenant was not delinquent in the payment of
500	500	rent at the time any notice required by this subsection was given.
501	501	(e) Except as provided by [in] Subsection (f), a tenant to
502	502	whom a landlord is liable under Subsection (b) [of this section]
503	503	may:
504	504	(1) terminate the lease;
505	505	(2) withhold rent payments or have the condition
506	506	repaired or remedied according to Section 92.0561;
507	507	(3) deduct from the tenant's rent, without necessity
508	508	of judicial action, the cost of the repair or remedy according to
509	509	Section 92.0561; and
510	510	(4) obtain judicial remedies according to Section
511	511	92.0563.
512	512	SECTION 14. The heading to Section 92.0561, Property Code,
513	513	is amended to read as follows:
514	514	Sec. 92.0561. TENANT'S REPAIR AND DEDUCT AND RENT
515	515	WITHHOLDING REMEDIES.
516	516	SECTION 15. Section 92.0561, Property Code, is amended by
517	517	amending Subsections (a), (d), (e), and (f) and adding Subsections
518	518	(l) and (m) to read as follows:
519	519	(a) If the landlord is liable to the tenant under Section
520	520	92.056(b), the tenant may:
521	521	(1) withhold rent payments; or
522	522	(2) have the condition repaired or remedied and may
523	523	deduct the cost from a subsequent rent payment as provided in this
524	524	section.
525	525	(d) Repairs under this section may be made or rent payments
526	526	may be withheld only if [all of the following requirements are met]:
527	527	(1) the [The] landlord has a duty to repair or remedy
528	528	the condition under Section 92.052, and the duty has not been waived
529	529	in a written lease by the tenant under [Subsection (e) or (f) of]
530	530	Section 92.006(e) or (f); [92.006.]
531	531	(2) the [The] tenant has given notice to the landlord
532	532	as required by Section 92.056(b)(1), and, if required, a subsequent
533	533	notice under Section 92.056(b)(3);
534	534	(3) if the tenant intends to repair or remedy the
535	535	condition, [and] at least one of the [those] notices under
536	536	Subdivision (2):
537	537	(A) states that the tenant intends to repair or
538	538	remedy the condition; and
539	539	(B) contains[. The notice shall also contain] a
540	540	reasonable description of the intended repair or remedy; and[.]
541	541	(4) any [(3) Any] one of the following events has
542	542	occurred:
543	543	(A) the [The] landlord has failed to remedy the
544	544	backup or overflow of raw sewage inside the tenant's dwelling or the
545	545	flooding from broken pipes or natural drainage inside the dwelling;
546	546	[.]
547	547	(B) the [The] landlord has expressly or impliedly
548	548	agreed in the lease to furnish potable water to the tenant's
549	549	dwelling and the water service to the dwelling has totally ceased;
550	550	[.]
551	551	(C) the [The] landlord has expressly or impliedly
552	552	agreed in the lease to furnish heating or cooling equipment, and[;]
553	553	the equipment is not producing adequate [inadequate] heat or cooled
554	554	air; or[; and the landlord has been notified in writing by the
555	555	appropriate local housing, building, or health official or other
556	556	official having jurisdiction that the lack of heat or cooling
557	557	materially affects the health or safety of an ordinary tenant.]
558	558	(D) the [The] landlord has been notified in
559	559	writing by the appropriate local housing, building, or health
560	560	official or other official having jurisdiction that the condition
561	561	materially affects the health or safety of an ordinary tenant.
562	562	(e) If the requirements of Subsection (d) [of this section]
563	563	are met, a tenant may withhold rent payments or:
564	564	(1) have the condition repaired or remedied
565	565	immediately following the tenant's notice of intent to repair if
566	566	the condition involves sewage or flooding as described by [referred
567	567	to in Paragraph (A) of Subdivision (3) of] Subsection (d)(4)(A)
568	568	[(d) of this section];
569	569	(2) have the condition repaired or remedied if the
570	570	condition involves a cessation of potable water as described by
571	571	[referred to in Paragraph (A) of Subdivision (3) of] Subsection
572	572	(d)(4)(B) [(d) of this section] and if the landlord has failed to
573	573	repair or remedy the condition within three days following the
574	574	tenant's delivery of notice of intent to repair;
575	575	(3) have the condition repaired or remedied if the
576	576	condition involves inadequate heat or cooled air as described by
577	577	[referred to in Paragraph (C) of Subdivision (3) of] Subsection
578	578	(d)(4)(C) [(d) of this section] and if the landlord has failed to
579	579	repair the condition within three days after delivery of the
580	580	tenant's notice of intent to repair; or
581	581	(4) have the condition repaired or remedied if:
582	582	(A) the condition is not covered by Subsection
583	583	(d)(4)(A) [Paragraph (A)], (B), or (C);
584	584	(B) the condition [of Subdivision (3) of
585	585	Subsection (d) of this section and] involves a condition affecting
586	586	the physical health or safety of the ordinary tenant as described by
587	587	[referred to in Paragraph (D) of Subdivision (3) of] Subsection
588	588	(d)(4)(D); [(d) of this section] and
589	589	(C) [if] the landlord has failed to repair or
590	590	remedy the condition within seven days after delivery of the
591	591	tenant's notice of intent to repair.
592	592	(f) Repairs made pursuant to the tenant's notice must be
593	593	made by a company, contractor, or repairman listed in the yellow or
594	594	business pages of the telephone directory, on an Internet website
595	595	that aggregates and provides information about other businesses
596	596	that perform repair work, or in the classified advertising section
597	597	of a newspaper of the local city, county, or adjacent county at the
598	598	time of the tenant's notice of intent to repair. Unless the
599	599	landlord and tenant agree otherwise under Subsection (g) [of this
600	600	section], repairs may not be made by the tenant, the tenant's
601	601	immediate family, the tenant's employer or employees, or a company
602	602	in which the tenant has an ownership interest. Repairs may not be
603	603	made to the foundation or load-bearing structural elements of the
604	604	building if it contains two or more dwelling units.
605	605	(l) If the tenant chooses to withhold rent payments under
606	606	this section, the tenant may withhold rent until the repair is
607	607	completed. The tenant shall pay all rent owed not later than the
608	608	second business day after the date the repair is completed. The
609	609	tenant may not withhold rent payments that came due before the
610	610	tenant notified the landlord of the condition in need of repair or
611	611	remedy.
612	612	(m) A landlord may not charge a late fee for rent properly
613	613	withheld under this section.
614	614	SECTION 16. Section 92.331(b), Property Code, is amended to
615	615	read as follows:
616	616	(b) A landlord may not, because [within six months after the
617	617	date] of the tenant's action under Subsection (a), retaliate
618	618	against the tenant by:
619	619	(1) filing an eviction proceeding, except for the
620	620	grounds stated by Section 92.332;
621	621	(2) depriving the tenant of the use of the premises,
622	622	except for reasons authorized by law;
623	623	(3) decreasing services to the tenant;
624	624	(4) increasing the tenant's rent or terminating the
625	625	tenant's lease; or
626	626	(5) engaging, in bad faith, in a course of conduct that
627	627	materially interferes with the tenant's rights under the tenant's
628	628	lease.
629	629	SECTION 17. Section 92.351, Property Code, is amended by
630	630	adding Subdivisions (3-a) and (3-b) to read as follows:
631	631	(3-a) "Conditional offer" means an offer to rent or
632	632	lease a rental unit to an applicant that is contingent on the
633	633	landlord's subsequent inquiry into the applicant's criminal
634	634	history.
635	635	(3-b) "Conviction" means a verdict or plea of guilty
636	636	or nolo contendere. The term does not include deferred
637	637	adjudication or community supervision.
638	638	SECTION 18. Section 92.3515, Property Code, is amended by
639	639	amending Subsection (a) and adding Subsection (a-1) to read as
640	640	follows:
641	641	(a) At the time an applicant is provided with a rental
642	642	application and before accepting an application fee, the landlord
643	643	shall make available to the applicant printed notice of the
644	644	landlord's tenant selection criteria and the grounds for which the
645	645	rental application may be denied, including the applicant's:
646	646	(1) criminal history;
647	647	(2) previous rental history;
648	648	(3) current income;
649	649	(4) credit history; or
650	650	(5) failure to provide accurate or complete
651	651	information on the application form.
652	652	(a-1) The printed notice must state in writing that the
653	653	applicant may provide evidence showing:
654	654	(1) the inaccuracies in the applicant's criminal
655	655	history;
656	656	(2) the applicant's rehabilitation or rehabilitative
657	657	effort while incarcerated or after release; or
658	658	(3) other mitigating factors.
659	659	SECTION 19. Section 92.354, Property Code, is amended to
660	660	read as follows:
661	661	Sec. 92.354. LIABILITY OF LANDLORD. (a) A landlord who in
662	662	bad faith fails to refund an application fee or deposit in violation
663	663	of this subchapter is liable for an amount equal to the sum of $100,
664	664	three times the amount wrongfully retained, and the applicant's
665	665	reasonable attorney's fees.
666	666	(b) A landlord who violates Section 92.356 is liable for an
667	667	amount equal to the sum of $500 and the applicant's reasonable
668	668	attorney's fees.
669	669	SECTION 20. Subchapter I, Chapter 92, Property Code, is
670	670	amended by adding Section 92.356 to read as follows:
671	671	Sec. 92.356. CRIMINAL RECORD SCREENING. (a) A landlord
672	672	screening an applicant's criminal history may not inquire about or
673	673	consider a previous arrest of the applicant if the arrest did not
674	674	result in a conviction.
675	675	(b) Before making a conditional offer, a landlord may not
676	676	inquire about or require an applicant to disclose or reveal a
677	677	pending criminal charge.
678	678	(c) Notwithstanding Subsection (b), a landlord may require
679	679	an applicant to authorize the landlord to perform an inquiry or any
680	680	other check related to the landlord's tenant selection criteria in
681	681	deciding whether to rent or lease to an applicant.
682	682	(d) After making a conditional offer, a landlord screening
683	683	an applicant's criminal history may not consider a criminal
684	684	conviction that occurred more than three years before the date of
685	685	the conditional offer.
686	686	(e) A landlord may withdraw a conditional offer based on an
687	687	applicant's criminal conviction that has occurred less than three
688	688	years before the date of the conditional offer only if the landlord
689	689	determines that the withdrawal achieves a substantial, legitimate,
690	690	nondiscriminatory interest. The landlord's determination must be
691	691	reasonable after consideration of:
692	692	(1) the nature and severity of the criminal offense;
693	693	(2) the age of the applicant at the time of the
694	694	occurrence of the criminal offense;
695	695	(3) the time that has elapsed since the occurrence of
696	696	the criminal offense;
697	697	(4) any information produced by the applicant, or
698	698	produced on the applicant's behalf, in regard to the applicant's
699	699	rehabilitation and good conduct since the occurrence of the
700	700	criminal offense;
701	701	(5) the degree to which the criminal offense, if it
702	702	reoccurred, would negatively impact the safety of the landlord's
703	703	other tenants or property; and
704	704	(6) whether the criminal offense occurred on or was
705	705	connected to property that was rented or leased by the applicant.
706	706	(f) The landlord may not have a policy to ban renting or
707	707	leasing to tenants with a criminal conviction history. A
708	708	determination to withdraw a conditional offer must be based on an
709	709	individualized assessment considering the factors described by
710	710	Subsection (e).
711	711	(g) If a landlord withdraws a conditional offer, the
712	712	landlord shall provide the applicant with written notification that
713	713	includes, with specificity, the reasons for the withdrawal of the
714	714	conditional offer. Not later than the 20th day after the date
715	715	notice is provided, the applicant may request that the landlord
716	716	provide the applicant a copy of all information on which the
717	717	landlord relied in considering the applicant, including criminal
718	718	records. A landlord shall provide the information, free of charge,
719	719	not later than the 10th day after the date the request is received.
720	720	(h) This section may not be construed to allow a landlord to
721	721	inquire about or require an applicant to disclose:
722	722	(1) a pending criminal accusation against any
723	723	prospective tenant; or
724	724	(2) that a child, as defined by Section 51.02, Family
725	725	Code, who will reside in the rental unit was found to have engaged
726	726	in delinquent conduct or conduct indicating a need for supervision.
727	727	(i) This section does not apply:
728	728	(1) to a landlord who owns and occupies a multiunit
729	729	complex that has three or fewer dwelling units; or
730	730	(2) if a federal law or regulation or other law:
731	731	(A) requires the consideration of an applicant's
732	732	criminal history for the purposes of obtaining housing; or
733	733	(B) allows for denial of an applicant due to
734	734	certain criminal convictions.
735	735	SECTION 21. Section 94.251, Property Code, is amended to
736	736	read as follows:
737	737	Sec. 94.251. RETALIATION BY LANDLORD. (a) A landlord may
738	738	not retaliate against a tenant by taking an action described by
739	739	Subsection (b) because the tenant:
740	740	(1) in good faith exercises or attempts to exercise
741	741	against a landlord a right or remedy granted to the tenant by the
742	742	lease agreement, a municipal ordinance, or a federal or state
743	743	statute;
744	744	(2) gives the landlord a notice to repair or exercise a
745	745	remedy under this chapter; [or]
746	746	(3) complains to a governmental entity responsible for
747	747	enforcing building or housing codes, a public utility, or a civic or
748	748	nonprofit agency, and the tenant:
749	749	(A) claims a building or housing code violation
750	750	or utility problem; and
751	751	(B) believes in good faith that the complaint is
752	752	valid and that the violation or problem occurred; or
753	753	(4) establishes, attempts to establish, or
754	754	participates in a tenant organization.
755	755	(b) A landlord may not, because [within six months after the
756	756	date] of the tenant's action under Subsection (a), retaliate
757	757	against the tenant by:
758	758	(1) filing an eviction proceeding, except for the
759	759	grounds stated by Subchapter E;
760	760	(2) depriving the tenant of the use of the premises,
761	761	except for reasons authorized by law;
762	762	(3) decreasing services to the tenant;
763	763	(4) increasing the tenant's rent;
764	764	(5) terminating the tenant's lease agreement; or
765	765	(6) engaging, in bad faith, in a course of conduct that
766	766	materially interferes with the tenant's rights under the tenant's
767	767	lease agreement.
768	768	SECTION 22. Sections 92.0081(c), (d), (e), (e-1), (f), (g),
769	769	(i), and (k), Property Code, are repealed.
770	770	SECTION 23. The changes in law made by this Act apply only
771	771	to a lease or rental agreement entered into or renewed on or after
772	772	the effective date of this Act. A lease or rental agreement entered
773	773	into or renewed before the effective date of this Act is governed by
774	774	the law in effect immediately before the effective date of this Act,
775	775	and the former law is continued in effect for that purpose.
776	776	SECTION 24. Not later than January 1, 2024, the Texas
777	777	Supreme Court shall adopt the rules necessary to implement Sections
778	778	24.012 and 24.013, Property Code, as added by this Act.
779	779	SECTION 25. (a) Except as provided by Subsection (b) of
780	780	this section, this Act takes effect January 1, 2024.
781	781	(b) Section 24 of this Act takes effect September 1, 2023.