Texas 2025 - 89th Regular

Texas House Bill HB2900 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2927 CS-D
2	2	By: Simmons H.B. No. 2900
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a landlord's duty to provide and maintain in good
10	10	operating condition heating and air conditioning equipment in an
11	11	apartment unit.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 92.006, Property Code, is amended by
14	14	adding Subsection (i) to read as follows:
15	15	(i) A landlord's duty under Section 92.027 to provide and
16	16	maintain in good operating condition heating and air conditioning
17	17	equipment in an apartment unit may not be waived.
18	18	SECTION 2. Subchapter A, Chapter 92, Property Code, is
19	19	amended by adding Section 92.027 to read as follows:
20	20	Sec. 92.027. LANDLORD'S DUTY TO PROVIDE HEATING AND AIR
21	21	CONDITIONING IN APARTMENT UNIT. A landlord shall provide and
22	22	maintain in good operating condition heating and air conditioning
23	23	equipment in each apartment unit capable of:
24	24	(1) cooling each room of the apartment unit to 65
25	25	degrees Fahrenheit; and
26	26	(2) heating each room of the apartment unit to 85
27	27	degrees Fahrenheit.
28	28	SECTION 3. Section 92.052(a), Property Code, is amended to
29	29	read as follows:
30	30	(a) A landlord shall make a diligent effort to repair or
31	31	remedy a condition if:
32	32	(1) the tenant specifies the condition in a notice to
33	33	the person to whom or to the place where rent is normally paid;
34	34	(2) the tenant is not delinquent in the payment of rent
35	35	at the time notice is given; and
36	36	(3) the condition:
37	37	(A) materially affects the physical health or
38	38	safety of an ordinary tenant; or
39	39	(B) arises from the landlord's failure to provide
40	40	and maintain in good operating condition:
41	41	(i) a device to supply hot water of a
42	42	minimum temperature of 120 degrees Fahrenheit; or
43	43	(ii) heating and air conditioning equipment
44	44	in the apartment unit as required by Section 92.027.
45	45	SECTION 4. Section 92.056, Property Code, is amended by
46	46	amending Subsections (b) and (d) and adding Subsections (h) and (i)
47	47	to read as follows:
48	48	(b) A landlord is liable to a tenant as provided by this
49	49	subchapter if:
50	50	(1) the tenant has given the landlord notice to repair
51	51	or remedy a condition by giving that notice to the person to whom or
52	52	to the place where the tenant's rent is normally paid;
53	53	(2) the condition:
54	54	(A) materially affects the physical health or
55	55	safety of an ordinary tenant; or
56	56	(B) arises from the landlord's failure to provide
57	57	and maintain in good operating condition heating and air
58	58	conditioning equipment in the apartment unit as required by Section
59	59	92.027;
60	60	(3) the tenant has given the landlord a subsequent
61	61	written notice to repair or remedy the condition after a reasonable
62	62	time to repair or remedy the condition following the notice given
63	63	under Subdivision (1) or the tenant has given the notice under
64	64	Subdivision (1) by sending that notice by certified mail, return
65	65	receipt requested, by registered mail, or by another form of mail
66	66	that allows tracking of delivery from the United States Postal
67	67	Service or a private delivery service;
68	68	(4) the landlord has had a reasonable time to repair or
69	69	remedy the condition after the landlord received the tenant's
70	70	notice under Subdivision (1) and, if applicable, the tenant's
71	71	subsequent notice under Subdivision (3);
72	72	(5) the landlord has not made a diligent effort to
73	73	repair or remedy the condition after the landlord received the
74	74	tenant's notice under Subdivision (1) and, if applicable, the
75	75	tenant's notice under Subdivision (3); and
76	76	(6) the tenant was not delinquent in the payment of
77	77	rent at the time any notice required by this subsection was given.
78	78	(d) For purposes of Subsection (b)(3) or (4), in determining
79	79	whether a period of time is a reasonable time to repair or remedy a
80	80	condition, there is a rebuttable presumption that seven days is a
81	81	reasonable time, except that five days is a reasonable time if the
82	82	condition arises from the landlord's failure to provide and
83	83	maintain in good operating condition heating and air conditioning
84	84	equipment in the apartment unit as required by Section 92.027. To
85	85	rebut that presumption, the date on which the landlord received the
86	86	tenant's notice, the severity and nature of the condition, and the
87	87	reasonable availability of materials and labor and of utilities
88	88	from a utility company must be considered.
89	89	(h) If a landlord is liable to a tenant under Subsection
90	90	(b)(2)(B), the landlord shall provide at no cost to the tenant:
91	91	(1) portable heating and air conditioning equipment
92	92	capable of maintaining the temperature as required by Section
93	93	92.027; or
94	94	(2) alternative housing accommodation furnished with
95	95	heating and air conditioning equipment capable of maintaining the
96	96	temperature as required by Section 92.027.
97	97	(i) For purposes of Subsection (h), portable heating and air
98	98	conditioning equipment may be a portable window or floor unit. The
99	99	term does not include a portable fan that is not designed to raise
100	100	or lower the temperature of air in an enclosed space.
101	101	SECTION 5. The changes in law made by this Act apply only to
102	102	a residential lease entered into or renewed on or after the
103	103	effective date of this Act. A residential lease entered into or
104	104	renewed before the effective date of this Act is governed by the law
105	105	applicable to the lease or rental agreement immediately before that
106	106	date, and the former law is continued in effect for that purpose.
107	107	SECTION 6. This Act takes effect September 1, 2025.