89R3614 JBD-D
By: Gervin-Hawkins H.B. No. 320
A BILL TO BE ENTITLED
AN ACT
relating to a residential landlord's and tenant's duties regarding
the provision of certain information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.020, Property Code, is amended by
adding Subsections (e), (f), and (g) to read as follows:
(e) Not later than the second business day after the date
that a landlord becomes aware that a telephone number provided by
the landlord to a tenant under Subsection (a) or (d) becomes
incorrect, the landlord shall:
(1) if Subsection (a) applies to the landlord, post a
notice of the change, including the correct telephone number, in
the manner required by Subsection (b); and
(2) regardless of whether Subsection (a) applies to
the landlord, give written notice of the change, including the
correct telephone number, to the tenant in the same language as the
lease signed by the tenant by:
(A) mail or personal delivery;
(B) electronic means other than e-mail,
including by text message or through an online portal to which the
tenant has access; or
(C) e-mail if the tenant has:
(i) previously communicated with the
landlord by e-mail; or
(ii) provided an e-mail address to the
landlord.
(f) The tenant of a landlord who violates Subsection (e) may
obtain a court order requiring the landlord to provide a correct
telephone number in accordance with this section.
(g) Notwithstanding Subsections (e) and (f), if a state of
disaster declared by the governor under Section 418.014, Government
Code, interferes with a landlord's ability to provide a correct
telephone number in accordance with this section, the landlord may
provide the telephone number at any time on or before the 30th day
after the date the state of disaster is declared.
SECTION 2. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0201 to read as follows:
Sec. 92.0201. TENANT'S DUTY TO PROVIDE CONTACT INFORMATION.
(a) A tenant shall provide contact information, including a
telephone number and e-mail address, as applicable, to the landlord
within a reasonable time after the beginning of the lease term.
(b) Not later than the second business day after the date
that a tenant becomes aware that information provided by the tenant
to the landlord under Subsection (a) becomes incorrect, the tenant
shall give written notice of the change, including the correct
information, to the landlord by:
(1) mail or personal delivery;
(2) electronic means other than e-mail, including by
text message or through an online portal to which the tenant has
access, if the tenant has:
(A) previously communicated with the landlord by
the electronic means; or
(B) provided the applicable electronic contact
information to the landlord; or
(3) e-mail, if the tenant has:
(A) previously communicated with the landlord by
e-mail; or
(B) provided an e-mail address to the landlord.
(c) Notwithstanding any other law, a tenant is not entitled
to a remedy under Section 92.020(f) or 92.205(a) unless the tenant
is in compliance with this section.
SECTION 3. The heading to Section 92.201, Property Code, is
amended to read as follows:
Sec. 92.201. DISCLOSURE OF OWNERSHIP AND MANAGEMENT;
CONTACT INFORMATION.
SECTION 4. Sections 92.201(a) and (e), Property Code, are
amended to read as follows:
(a) A landlord shall disclose to a tenant, or to any
government official or employee acting in an official capacity,
according to this subchapter:
(1) the name and either a street or post office box
address of the holder of record title, according to the deed records
in the county clerk's office, of the dwelling rented by the tenant
or inquired about by the government official or employee acting in
an official capacity; [and]
(2) if an entity located off-site from the dwelling is
primarily responsible for managing the dwelling, the name and
street address of the management company; and
(3) a telephone number, e-mail address, or other
reasonable method for contacting the landlord or management company
during normal business hours.
(e) A correction to the information disclosed to a
government official or employee under this section may be made by
any of the methods authorized for providing the information.
SECTION 5. Section 92.203, Property Code, is amended to
read as follows:
Sec. 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION
PROVIDED TO TENANT. A landlord who has provided information under
Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable
to a tenant according to this subchapter if:
(1) the information becomes incorrect [because a name
or address changes]; and
(2) the landlord fails to correct the information on
or before the seventh day after the date the tenant gives the
landlord written notice that the tenant may exercise the remedies
under this subchapter if the corrected information is not provided
within seven days.
SECTION 6. Section 92.204, Property Code, is amended to
read as follows:
Sec. 92.204. BAD FAITH VIOLATION. A landlord acts in bad
faith and is liable according to this subchapter if the landlord
gives an incorrect name, [or] address, telephone number, e-mail
address, or other method of contact under [Subsection (a) of]
Section 92.201(a) [92.201] by wilfully:
(1) disclosing incorrect information under Section
92.201(b)(1) or (2) or Section 92.201(d); or
(2) failing to correct information given under Section
92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is
incorrect.
SECTION 7. Section 92.205, Property Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Subject to Subsection (a-1), a [A] tenant of a landlord
who is liable under Section 92.202, 92.203, or 92.204 may obtain or
exercise one or more of the following remedies:
(1) a court order directing the landlord to make a
disclosure required by this subchapter;
(2) a judgment against the landlord for an amount
equal to the tenant's actual costs in discovering the information
required to be disclosed by this subchapter;
(3) a judgment against the landlord for one month's
rent plus $100;
(4) a judgment against the landlord for court costs
and attorney's fees; and
(5) unilateral termination of the lease without a
court proceeding.
(a-1) A tenant of a landlord who is liable under Section
92.202, 92.203, or 92.204 is entitled to:
(1) one or more of the remedies available under
Subsection (a), if the tenant suffers damages caused by the
landlord's failure to make a disclosure required by this
subchapter; or
(2) only the remedy available under Subsection (a)(1),
if the tenant does not suffer damages caused by the landlord's
failure to make a disclosure required by this subchapter.
SECTION 8. (a) The changes in law made by this Act to
Sections 92.201(a) and 92.204, Property Code, apply only to
disclosure of contact information made on or after the effective
date of this Act. Disclosure of contact information made before the
effective date of this Act is governed by the law in effect on the
date the disclosure was made, and that law is continued in effect
for that purpose.
(b) The changes in law made by this Act to Sections 92.203
and 92.205, Property Code, apply only to liability for failure to
correct contact information given on or after the effective date of
this Act. Liability for failure to correct contact information
given before the effective date of this Act is governed by the law
in effect when the contact information was given, and that law is
continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2025.