BILL ANALYSIS Senate Research Center S.B. 2349 89R8536 JBD-D By: Alvarado Business & Commerce 4/8/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT S.B. 2349 addresses the problem of insufficient and inconsistent notice to tenants about flood risk in residential leases. Under current law, landlords must provide tenants notice if a leased dwelling is in a floodplain or has experienced flooding in the past five years. However, the law lacks clarity on whether short-term leases and temporary occupancy arrangements require such notice and there is no uniform method for documenting that tenants received the information. S.B. 2349 makes the statute more specific and effective by exempting short-term leases and temporary residential arrangements associated with property sales. It also strengthens accountability by requiring that the flood disclosure be in writing and signed by both parties. These changes will ensure tenants are fully informed of flood-related risks before entering a lease, while also protecting landlords from confusion about their obligations under the law. As proposed, S.B. 2349 amends current law relating to notice requirements for a leased dwelling located in a floodplain. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 92.0135, Property Code, by adding Subsection (a-1) and amending Subsection (e), as follows: (a-1) Provides that notices under Subsections (b) (relating to requiring a landlord to provide to a tenant a written notice relating to the tenant renting a dwelling located in a 100-year floodplain) and (d) (relating to requiring a landlord, if the landlord knows that flooding has damaged any portion of a dwelling at least once during a certain period, to provide a written notice to a tenant) are not required for a tenant under a lease with a term of less than 30 days or a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not greater than 90 days. (e) Requires that the notices required by Subsections (b) and (d) be included in a paragraph of the lease, as an addendum to the lease, or in a separate written document given to the tenant at or before execution of the lease. Requires the landlord and tenant to sign the document containing a required notice to evidence the provision and receipt of the notice. SECTION 2. Makes application of Section 92.0135(a-1), Property Code, as added by this Act, and Section 92.0135(e), Property Code, as amended by this Act, prospective. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2349
89R8536 JBD-D By: Alvarado
Business & Commerce
4/8/2025
As Filed
Senate Research Center
S.B. 2349
89R8536 JBD-D
By: Alvarado
Business & Commerce
4/8/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 2349 addresses the problem of insufficient and inconsistent notice to tenants about flood risk in residential leases. Under current law, landlords must provide tenants notice if a leased dwelling is in a floodplain or has experienced flooding in the past five years. However, the law lacks clarity on whether short-term leases and temporary occupancy arrangements require such notice and there is no uniform method for documenting that tenants received the information.
S.B. 2349 makes the statute more specific and effective by exempting short-term leases and temporary residential arrangements associated with property sales. It also strengthens accountability by requiring that the flood disclosure be in writing and signed by both parties. These changes will ensure tenants are fully informed of flood-related risks before entering a lease, while also protecting landlords from confusion about their obligations under the law.
As proposed, S.B. 2349 amends current law relating to notice requirements for a leased dwelling located in a floodplain.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 92.0135, Property Code, by adding Subsection (a-1) and amending Subsection (e), as follows:
(a-1) Provides that notices under Subsections (b) (relating to requiring a landlord to provide to a tenant a written notice relating to the tenant renting a dwelling located in a 100-year floodplain) and (d) (relating to requiring a landlord, if the landlord knows that flooding has damaged any portion of a dwelling at least once during a certain period, to provide a written notice to a tenant) are not required for a tenant under a lease with a term of less than 30 days or a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not greater than 90 days.
(e) Requires that the notices required by Subsections (b) and (d) be included in a paragraph of the lease, as an addendum to the lease, or in a separate written document given to the tenant at or before execution of the lease. Requires the landlord and tenant to sign the document containing a required notice to evidence the provision and receipt of the notice.
SECTION 2. Makes application of Section 92.0135(a-1), Property Code, as added by this Act, and Section 92.0135(e), Property Code, as amended by this Act, prospective.
SECTION 3. Effective date: September 1, 2025.