88R11065 PRL-D
By: Walle H.B. No. 3625
A BILL TO BE ENTITLED
AN ACT
relating to notice requirements for a leased dwelling located in a
floodplain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.0135, Property Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsection (b-1), a [A] landlord
shall provide to a tenant a written notice substantially equivalent
to the following:
"(Landlord) ( ) is or ( ) is not aware that the dwelling you
are renting is located in a 100-year floodplain. If neither box is
checked, you should assume the dwelling is in a 100-year
floodplain. Even if the dwelling is not in a 100-year floodplain,
the dwelling may still be susceptible to flooding. The Federal
Emergency Management Agency (FEMA) maintains a flood map on its
Internet website that is searchable by address, at no cost, to
determine if a dwelling is located in a flood hazard area. Most
tenant insurance policies do not cover damages or loss incurred in a
flood. You should seek insurance coverage that would cover losses
caused by a flood."
(b-1) Notice under Subsection (b) is not required for a
tenant under:
(1) a lease with a term of less than 30 days; or
(2) a temporary residential tenancy created by a
contract for sale in which the buyer occupies the property before
closing or the seller occupies the property after closing for a
specific term not greater than 90 days.
SECTION 2. Section 92.0135(b-1), Property Code, as added by
this Act, applies only to a lease agreement entered into or renewed
on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.