Texas 2023 - 88th Regular

Texas House Bill HB2592 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9945 KBB-D
2	2	By: Cole H.B. No. 2592
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a landlord's duty to provide and maintain a functioning
8	8	air conditioning system or unit in an apartment.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 92.006, Property Code, is amended by
11	11	adding Subsection (i) to read as follows:
12	12	(i) A landlord's duty under Section 92.027 to provide and
13	13	maintain a functioning air conditioning system or unit in an
14	14	apartment unit may not be waived.
15	15	SECTION 2. Subchapter A, Chapter 92, Property Code, is
16	16	amended by adding Section 92.027 to read as follows:
17	17	Sec. 92.027. LANDLORD'S DUTY TO PROVIDE AIR CONDITIONING IN
18	18	APARTMENT UNIT. A landlord shall provide and maintain in an
19	19	apartment unit an air conditioning system or unit in good operating
20	20	condition that maintains inside the apartment unit a temperature
21	21	equal to the lower of:
22	22	(1) 85 degrees Fahrenheit; or
23	23	(2) 10 degrees Fahrenheit below the recorded
24	24	temperature outside of the apartment unit.
25	25	SECTION 3. Section 92.052(a), Property Code, is amended to
26	26	read as follows:
27	27	(a) A landlord shall make a diligent effort to repair or
28	28	remedy a condition if:
29	29	(1) the tenant specifies the condition in a notice to
30	30	the person to whom or to the place where rent is normally paid;
31	31	(2) the tenant is not delinquent in the payment of rent
32	32	at the time notice is given; and
33	33	(3) the condition:
34	34	(A) materially affects the physical health or
35	35	safety of an ordinary tenant; or
36	36	(B) arises from the landlord's failure to provide
37	37	and maintain in good operating condition:
38	38	(i) a device to supply hot water of a
39	39	minimum temperature of 120 degrees Fahrenheit; or
40	40	(ii) an air conditioning system or unit as
41	41	required by Section 92.027.
42	42	SECTION 4. Section 92.056, Property Code, is amended by
43	43	amending Subsections (b) and (d) and adding Subsections (h) and (i)
44	44	to read as follows:
45	45	(b) A landlord is liable to a tenant as provided by this
46	46	subchapter if:
47	47	(1) the tenant has given the landlord notice to repair
48	48	or remedy a condition by giving that notice to the person to whom or
49	49	to the place where the tenant's rent is normally paid;
50	50	(2) the condition:
51	51	(A) materially affects the physical health or
52	52	safety of an ordinary tenant; or
53	53	(B) arises from the landlord's failure to provide
54	54	and maintain in good operating condition an air conditioning system
55	55	or unit as required by Section 92.027;
56	56	(3) the tenant has given the landlord a subsequent
57	57	written notice to repair or remedy the condition after a reasonable
58	58	time to repair or remedy the condition following the notice given
59	59	under Subdivision (1) or the tenant has given the notice under
60	60	Subdivision (1) by sending that notice by certified mail, return
61	61	receipt requested, by registered mail, or by another form of mail
62	62	that allows tracking of delivery from the United States Postal
63	63	Service or a private delivery service;
64	64	(4) the landlord has had a reasonable time to repair or
65	65	remedy the condition after the landlord received the tenant's
66	66	notice under Subdivision (1) and, if applicable, the tenant's
67	67	subsequent notice under Subdivision (3);
68	68	(5) the landlord has not made a diligent effort to
69	69	repair or remedy the condition after the landlord received the
70	70	tenant's notice under Subdivision (1) and, if applicable, the
71	71	tenant's notice under Subdivision (3); and
72	72	(6) the tenant was not delinquent in the payment of
73	73	rent at the time any notice required by this subsection was given.
74	74	(d) For purposes of Subsection (b)(3) or (4), in determining
75	75	whether a period of time is a reasonable time to repair or remedy a
76	76	condition, there is a rebuttable presumption that seven days is a
77	77	reasonable time, except that five days is a reasonable time if the
78	78	condition arises from the landlord's failure to provide and
79	79	maintain in good operating condition an air conditioning system or
80	80	unit as required by Section 92.027. To rebut that presumption, the
81	81	date on which the landlord received the tenant's notice, the
82	82	severity and nature of the condition, and the reasonable
83	83	availability of materials and labor and of utilities from a utility
84	84	company must be considered.
85	85	(h) If a landlord is liable to a tenant under Subsection
86	86	(b)(2)(B), the landlord shall provide at no cost to the tenant:
87	87	(1) a portable air conditioning unit that maintains
88	88	the temperature required by Section 92.027; or
89	89	(2) alternative housing accommodations maintained at
90	90	the temperature required by Section 92.027.
91	91	(i) For purposes of Subsection (h), a portable air
92	92	conditioning unit may be a portable window or floor unit or an
93	93	evaporative cooler. The term does not include a portable fan that
94	94	is not designed to lower the temperature of air in an enclosed
95	95	space.
96	96	SECTION 5. The changes in law made by this Act apply only to
97	97	a residential lease or rental agreement entered into or renewed on
98	98	or after the effective date of this Act. A residential lease or
99	99	rental agreement entered into or renewed before the effective date
100	100	of this Act is governed by the law applicable to the lease or rental
101	101	agreement immediately before that date, and the former law is
102	102	continued in effect for that purpose.
103	103	SECTION 6. This Act takes effect September 1, 2023.