89R16768 SCR-F
By: Simmons H.B. No. 5241
A BILL TO BE ENTITLED
AN ACT
relating to an action to remedy certain conditions affecting safety
or habitability of certain residential rental property; providing a
civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Property Code, is amended by adding
Chapter 32 to read as follows:
CHAPTER 32. ACTION TO REMEDY CONDITIONS AFFECTING SAFETY OR
HABITABILITY OF CERTAIN RESIDENTIAL RENTAL PROPERTY
Sec. 32.001. DEFINITION. In this chapter, "residential
rental property" means a dwelling unit, as defined by Section
92.251, leased to a tenant and any common area that the tenant may
access under the lease.
Sec. 32.002. APPLICABILITY. This chapter applies only to
residential rental property located in an unincorporated area of a
county with a population greater than one million.
Sec. 32.003. CERTAIN CONDITIONS PROHIBITED. (a) A
landlord may not maintain residential rental property to which this
chapter applies in an unsafe, unsanitary, or uninhabitable
condition.
(b) For purposes of this section, residential rental
property is maintained in an unsafe, unsanitary, or uninhabitable
condition if:
(1) the property substantially lacks any of the
following features installed and maintained in a manner that
conforms to applicable law and that are kept in good working order:
(A) appliances;
(B) waterproofing and weather protection of the
roof and exterior walls;
(C) intact doors and windows with functioning
locks or other security devices;
(D) plumbing facilities and, if present and
necessary, gas facilities;
(E) running hot and cold water and sewage
disposal;
(F) heating and air conditioning;
(G) electrical lighting and power; or
(H) a sufficient number of exterior garbage
receptacles;
(2) common areas of the property are not kept
reasonably clean, sanitary, and safe;
(3) the property is infested by rodents, insects, or
other vermin and is not reasonably treated for the infestation;
(4) any floors, stairways, or railings are not
maintained in good repair;
(5) the property:
(A) contains harmful mold; or
(B) has a condition causing dampness to an extent
that, if not remedied, would materially interfere with the health
and safety of a tenant;
(6) the property is not maintained in compliance with
applicable laws or codes in a manner causing a material risk to the
health or safety of a tenant; or
(7) the property has any other condition that may
cause a material risk to the health and safety of a tenant.
Sec. 32.004. NOTICE OF VIOLATION. (a) Except as provided
by Subsection (b), before bringing an action against a landlord
under this chapter, a district attorney or county attorney must
send written notice to the landlord describing any condition listed
in Section 32.003 affecting the landlord's residential rental
property and notifying the landlord that the landlord must remedy
the condition not later than the 30th day after the date of
receiving notice.
(b) Notice under this section is not required if such an
emergency exists that immediate and irreparable injury, loss, or
damage would occur as a result of delay in obtaining a temporary
restraining order.
Sec. 32.005. ENFORCEMENT ACTION. (a) The district
attorney or county attorney may bring an action in the name of the
county against the landlord to restrain by temporary restraining
order, temporary injunction, or permanent injunction a violation of
Section 32.003.
(b) The remediation of a condition of residential rental
property after receipt of a notice under Section 32.004 does not
cause an action under this section to become moot, and injunctive
relief is available in the action to restrain the condition
described in the notice.
(c) In an action under this section, the district attorney
or county attorney may recover from the landlord a civil penalty in
an amount not to exceed $100 for each day on which the violation
that is the subject of the action exists. In determining the amount
of the violation, the court shall consider the seriousness of the
violation.
(d) A county shall deposit 75 percent of any penalty
recovered under this section into the general fund of the county and
25 percent into the general revenue fund of the state.
(e) In an action under this section, the court may make any
additional orders or judgments necessary to compensate
identifiable persons for actual damages resulting from the
condition that is the subject of the action or restore money or
property expended to remedy the condition, so long as the damages or
expenditures were not incurred more than four years before the
commencement of the action.
(f) An action under this section must be brought not later
than the later of:
(1) four years after the date on which the condition
that is the subject of the action began; or
(2) four years after the date on which a tenant
discovered or in the exercise of reasonable diligence should have
discovered the condition.
SECTION 2. This Act takes effect September 1, 2025.