Texas 2025 - 89th Regular

Texas House Bill HB320 Compare Versions

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

Old	New	Differences
1	1	89R3614 JBD-D
2	2	By: Gervin-Hawkins H.B. No. 320
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a residential landlord's and tenant's duties regarding
10	10	the provision of certain information.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 92.020, Property Code, is amended by
13	13	adding Subsections (e), (f), and (g) to read as follows:
14	14	(e) Not later than the second business day after the date
15	15	that a landlord becomes aware that a telephone number provided by
16	16	the landlord to a tenant under Subsection (a) or (d) becomes
17	17	incorrect, the landlord shall:
18	18	(1) if Subsection (a) applies to the landlord, post a
19	19	notice of the change, including the correct telephone number, in
20	20	the manner required by Subsection (b); and
21	21	(2) regardless of whether Subsection (a) applies to
22	22	the landlord, give written notice of the change, including the
23	23	correct telephone number, to the tenant in the same language as the
24	24	lease signed by the tenant by:
25	25	(A) mail or personal delivery;
26	26	(B) electronic means other than e-mail,
27	27	including by text message or through an online portal to which the
28	28	tenant has access; or
29	29	(C) e-mail if the tenant has:
30	30	(i) previously communicated with the
31	31	landlord by e-mail; or
32	32	(ii) provided an e-mail address to the
33	33	landlord.
34	34	(f) The tenant of a landlord who violates Subsection (e) may
35	35	obtain a court order requiring the landlord to provide a correct
36	36	telephone number in accordance with this section.
37	37	(g) Notwithstanding Subsections (e) and (f), if a state of
38	38	disaster declared by the governor under Section 418.014, Government
39	39	Code, interferes with a landlord's ability to provide a correct
40	40	telephone number in accordance with this section, the landlord may
41	41	provide the telephone number at any time on or before the 30th day
42	42	after the date the state of disaster is declared.
43	43	SECTION 2. Subchapter A, Chapter 92, Property Code, is
44	44	amended by adding Section 92.0201 to read as follows:
45	45	Sec. 92.0201. TENANT'S DUTY TO PROVIDE CONTACT INFORMATION.
46	46	(a) A tenant shall provide contact information, including a
47	47	telephone number and e-mail address, as applicable, to the landlord
48	48	within a reasonable time after the beginning of the lease term.
49	49	(b) Not later than the second business day after the date
50	50	that a tenant becomes aware that information provided by the tenant
51	51	to the landlord under Subsection (a) becomes incorrect, the tenant
52	52	shall give written notice of the change, including the correct
53	53	information, to the landlord by:
54	54	(1) mail or personal delivery;
55	55	(2) electronic means other than e-mail, including by
56	56	text message or through an online portal to which the tenant has
57	57	access, if the tenant has:
58	58	(A) previously communicated with the landlord by
59	59	the electronic means; or
60	60	(B) provided the applicable electronic contact
61	61	information to the landlord; or
62	62	(3) e-mail, if the tenant has:
63	63	(A) previously communicated with the landlord by
64	64	e-mail; or
65	65	(B) provided an e-mail address to the landlord.
66	66	(c) Notwithstanding any other law, a tenant is not entitled
67	67	to a remedy under Section 92.020(f) or 92.205(a) unless the tenant
68	68	is in compliance with this section.
69	69	SECTION 3. The heading to Section 92.201, Property Code, is
70	70	amended to read as follows:
71	71	Sec. 92.201. DISCLOSURE OF OWNERSHIP AND MANAGEMENT;
72	72	CONTACT INFORMATION.
73	73	SECTION 4. Sections 92.201(a) and (e), Property Code, are
74	74	amended to read as follows:
75	75	(a) A landlord shall disclose to a tenant, or to any
76	76	government official or employee acting in an official capacity,
77	77	according to this subchapter:
78	78	(1) the name and either a street or post office box
79	79	address of the holder of record title, according to the deed records
80	80	in the county clerk's office, of the dwelling rented by the tenant
81	81	or inquired about by the government official or employee acting in
82	82	an official capacity; [and]
83	83	(2) if an entity located off-site from the dwelling is
84	84	primarily responsible for managing the dwelling, the name and
85	85	street address of the management company; and
86	86	(3) a telephone number, e-mail address, or other
87	87	reasonable method for contacting the landlord or management company
88	88	during normal business hours.
89	89	(e) A correction to the information disclosed to a
90	90	government official or employee under this section may be made by
91	91	any of the methods authorized for providing the information.
92	92	SECTION 5. Section 92.203, Property Code, is amended to
93	93	read as follows:
94	94	Sec. 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION
95	95	PROVIDED TO TENANT. A landlord who has provided information under
96	96	Subdivision (2) or (3) of Subsection (b) of Section 92.201 is liable
97	97	to a tenant according to this subchapter if:
98	98	(1) the information becomes incorrect [because a name
99	99	or address changes]; and
100	100	(2) the landlord fails to correct the information on
101	101	or before the seventh day after the date the tenant gives the
102	102	landlord written notice that the tenant may exercise the remedies
103	103	under this subchapter if the corrected information is not provided
104	104	within seven days.
105	105	SECTION 6. Section 92.204, Property Code, is amended to
106	106	read as follows:
107	107	Sec. 92.204. BAD FAITH VIOLATION. A landlord acts in bad
108	108	faith and is liable according to this subchapter if the landlord
109	109	gives an incorrect name, [or] address, telephone number, e-mail
110	110	address, or other method of contact under [Subsection (a) of]
111	111	Section 92.201(a) [92.201] by wilfully:
112	112	(1) disclosing incorrect information under Section
113	113	92.201(b)(1) or (2) or Section 92.201(d); or
114	114	(2) failing to correct information given under Section
115	115	92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is
116	116	incorrect.
117	117	SECTION 7. Section 92.205, Property Code, is amended by
118	118	amending Subsection (a) and adding Subsection (a-1) to read as
119	119	follows:
120	120	(a) Subject to Subsection (a-1), a [A] tenant of a landlord
121	121	who is liable under Section 92.202, 92.203, or 92.204 may obtain or
122	122	exercise one or more of the following remedies:
123	123	(1) a court order directing the landlord to make a
124	124	disclosure required by this subchapter;
125	125	(2) a judgment against the landlord for an amount
126	126	equal to the tenant's actual costs in discovering the information
127	127	required to be disclosed by this subchapter;
128	128	(3) a judgment against the landlord for one month's
129	129	rent plus $100;
130	130	(4) a judgment against the landlord for court costs
131	131	and attorney's fees; and
132	132	(5) unilateral termination of the lease without a
133	133	court proceeding.
134	134	(a-1) A tenant of a landlord who is liable under Section
135	135	92.202, 92.203, or 92.204 is entitled to:
136	136	(1) one or more of the remedies available under
137	137	Subsection (a), if the tenant suffers damages caused by the
138	138	landlord's failure to make a disclosure required by this
139	139	subchapter; or
140	140	(2) only the remedy available under Subsection (a)(1),
141	141	if the tenant does not suffer damages caused by the landlord's
142	142	failure to make a disclosure required by this subchapter.
143	143	SECTION 8. (a) The changes in law made by this Act to
144	144	Sections 92.201(a) and 92.204, Property Code, apply only to
145	145	disclosure of contact information made on or after the effective
146	146	date of this Act. Disclosure of contact information made before the
147	147	effective date of this Act is governed by the law in effect on the
148	148	date the disclosure was made, and that law is continued in effect
149	149	for that purpose.
150	150	(b) The changes in law made by this Act to Sections 92.203
151	151	and 92.205, Property Code, apply only to liability for failure to
152	152	correct contact information given on or after the effective date of
153	153	this Act. Liability for failure to correct contact information
154	154	given before the effective date of this Act is governed by the law
155	155	in effect when the contact information was given, and that law is
156	156	continued in effect for that purpose.
157	157	SECTION 9. This Act takes effect September 1, 2025.