| 1 | 1 | | 89R9337 JBD-D |
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| 2 | 2 | | By: Simmons H.B. No. 2907 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the use by a landlord or landlord's manager or agent of |
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| 10 | 10 | | a tenant's name or likeness for a commercial purpose. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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| 13 | 13 | | amended by adding Section 92.027 to read as follows: |
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| 14 | 14 | | Sec. 92.027. LANDLORD'S USE OF TENANT'S NAME OR LIKENESS. |
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| 15 | 15 | | (a) This section applies to a provision in a lease or other |
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| 16 | 16 | | agreement that purports to authorize the landlord or the landlord's |
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| 17 | 17 | | manager or agent to publish for any commercial purpose the name or |
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| 18 | 18 | | likeness of the tenant or any dependent residing with the tenant. |
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| 19 | 19 | | (b) A provision to which this section applies must provide a |
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| 20 | 20 | | tenant the opportunity to opt out of the authorization. |
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| 21 | 21 | | (c) An authorization granted by a provision to which this |
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| 22 | 22 | | section applies is effective only during the tenant's lease term. |
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| 23 | 23 | | (d) Any provision in a lease or other agreement entered into |
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| 24 | 24 | | in violation of this section or the terms of which violate this |
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| 25 | 25 | | section is void. |
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| 26 | 26 | | (e) If a landlord or landlord's manager or agent obtains a |
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| 27 | 27 | | tenant's agreement to a provision in a lease or other agreement in |
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| 28 | 28 | | violation of this section, or uses a tenant's name or likeness |
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| 29 | 29 | | pursuant to a provision that is void under this section, the tenant |
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| 30 | 30 | | is entitled to recover from or against the landlord or manager or |
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| 31 | 31 | | agent of the landlord: |
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| 32 | 32 | | (1) an amount equal to one month's rent; |
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| 33 | 33 | | (2) injunctive relief; and |
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| 34 | 34 | | (3) reasonable attorney's fees incurred by the tenant |
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| 35 | 35 | | in seeking enforcement of this section. |
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| 36 | 36 | | SECTION 2. Section 92.027, Property Code, as added by this |
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| 37 | 37 | | Act, applies to a lease or other agreement entered into or renewed |
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| 38 | 38 | | on or after the effective date of this Act. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2025. |
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