89R9287 SCR-D
By: Alvarado S.B. No. 1802
A BILL TO BE ENTITLED
AN ACT
relating to a landlord's duty to repair or remedy certain
conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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) a mobility assistance device,
including a ramp, elevator, or hand rail, that was provided as an
amenity at the time that the tenant signed the lease.
SECTION 2. Section 92.056, Property Code, is amended by
amending Subsections (b) and (e) and adding Subsection (e-1) 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 a mobility assistance
device, including a ramp, elevator, or hand rail, that was provided
as an amenity at the time that the tenant signed the lease;
(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.
(e) Except as provided in Subsection (f), a tenant to whom a
landlord is liable under Subsection (b) of this section may:
(1) terminate the lease;
(2) have the condition repaired or remedied according
to Section 92.0561;
(3) deduct from the tenant's rent, without necessity
of judicial action, the cost of the repair or remedy according to
Section 92.0561; and
(4) obtain judicial remedies according to Section
92.0563 and pay the tenant's rent in the court registry until the
condition is repaired or remedied.
(e-1) If a landlord is liable to a tenant under Subsection
(b)(2)(B), the landlord shall provide at no cost to the tenant
alternative housing accommodations with comparable mobility
assistance devices to those existing at the time the tenant signed
the lease until the condition described by that subsection is
repaired or remedied or until the end of the tenant's lease term,
whichever is sooner.
SECTION 3. The changes in law made by this Act apply only to
a lease entered into or renewed on or after the effective date of
this Act. A lease entered into or renewed before the effective date
of this Act is governed by the law as it existed immediately before
that date, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2025.