89R2927 CS-D
By: Simmons H.B. No. 2900
A BILL TO BE ENTITLED
AN ACT
relating to a landlord's duty to provide and maintain in good
operating condition heating and air conditioning equipment in an
apartment unit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.006, Property Code, is amended by
adding Subsection (i) to read as follows:
(i) A landlord's duty under Section 92.027 to provide and
maintain in good operating condition heating and air conditioning
equipment in an apartment unit may not be waived.
SECTION 2. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.027 to read as follows:
Sec. 92.027. LANDLORD'S DUTY TO PROVIDE HEATING AND AIR
CONDITIONING IN APARTMENT UNIT. A landlord shall provide and
maintain in good operating condition heating and air conditioning
equipment in each apartment unit capable of:
(1) cooling each room of the apartment unit to 65
degrees Fahrenheit; and
(2) heating each room of the apartment unit to 85
degrees Fahrenheit.
SECTION 3. Section 92.052(a), Property Code, is amended to
read as follows:
(a) A landlord shall make a diligent effort to repair or
remedy a condition if:
(1) the tenant specifies the condition in a notice to
the person to whom or to the place where rent is normally paid;
(2) the tenant is not delinquent in the payment of rent
at the time notice is given; and
(3) the condition:
(A) materially affects the physical health or
safety of an ordinary tenant; or
(B) arises from the landlord's failure to provide
and maintain in good operating condition:
(i) a device to supply hot water of a
minimum temperature of 120 degrees Fahrenheit; or
(ii) heating and air conditioning equipment
in the apartment unit as required by Section 92.027.
SECTION 4. Section 92.056, Property Code, is amended by
amending Subsections (b) and (d) and adding Subsections (h) and (i)
to read as follows:
(b) A landlord is liable to a tenant as provided by this
subchapter if:
(1) the tenant has given the landlord notice to repair
or remedy a condition by giving that notice to the person to whom or
to the place where the tenant's rent is normally paid;
(2) the condition:
(A) materially affects the physical health or
safety of an ordinary tenant; or
(B) arises from the landlord's failure to provide
and maintain in good operating condition heating and air
conditioning equipment in the apartment unit as required by Section
92.027;
(3) the tenant has given the landlord a subsequent
written notice to repair or remedy the condition after a reasonable
time to repair or remedy the condition following the notice given
under Subdivision (1) or the tenant has given the notice under
Subdivision (1) by sending that notice by certified mail, return
receipt requested, by registered mail, or by another form of mail
that allows tracking of delivery from the United States Postal
Service or a private delivery service;
(4) the landlord has had a reasonable time to repair or
remedy the condition after the landlord received the tenant's
notice under Subdivision (1) and, if applicable, the tenant's
subsequent notice under Subdivision (3);
(5) the landlord has not made a diligent effort to
repair or remedy the condition after the landlord received the
tenant's notice under Subdivision (1) and, if applicable, the
tenant's notice under Subdivision (3); and
(6) the tenant was not delinquent in the payment of
rent at the time any notice required by this subsection was given.
(d) For purposes of Subsection (b)(3) or (4), in determining
whether a period of time is a reasonable time to repair or remedy a
condition, there is a rebuttable presumption that seven days is a
reasonable time, except that five days is a reasonable time if the
condition arises from the landlord's failure to provide and
maintain in good operating condition heating and air conditioning
equipment in the apartment unit as required by Section 92.027. To
rebut that presumption, the date on which the landlord received the
tenant's notice, the severity and nature of the condition, and the
reasonable availability of materials and labor and of utilities
from a utility company must be considered.
(h) If a landlord is liable to a tenant under Subsection
(b)(2)(B), the landlord shall provide at no cost to the tenant:
(1) portable heating and air conditioning equipment
capable of maintaining the temperature as required by Section
92.027; or
(2) alternative housing accommodation furnished with
heating and air conditioning equipment capable of maintaining the
temperature as required by Section 92.027.
(i) For purposes of Subsection (h), portable heating and air
conditioning equipment may be a portable window or floor unit. The
term does not include a portable fan that is not designed to raise
or lower the temperature of air in an enclosed space.
SECTION 5. The changes in law made by this Act apply only to
a residential lease entered into or renewed on or after the
effective date of this Act. A residential lease entered into or
renewed before the effective date of this Act is governed by the law
applicable to the lease or rental agreement immediately before that
date, and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2025.