Texas 2025 - 89th Regular

Texas Senate Bill SB2524 Compare Versions

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

Old	New	Differences
1	1	89R16768 SCR-F
2	2	By: Miles S.B. No. 2524
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an action to remedy certain conditions affecting safety
10	10	or habitability of certain residential rental property; providing a
11	11	civil penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Title 4, Property Code, is amended by adding
14	14	Chapter 32 to read as follows:
15	15	CHAPTER 32. ACTION TO REMEDY CONDITIONS AFFECTING SAFETY OR
16	16	HABITABILITY OF CERTAIN RESIDENTIAL RENTAL PROPERTY
17	17	Sec. 32.001. DEFINITION. In this chapter, "residential
18	18	rental property" means a dwelling unit, as defined by Section
19	19	92.251, leased to a tenant and any common area that the tenant may
20	20	access under the lease.
21	21	Sec. 32.002. APPLICABILITY. This chapter applies only to
22	22	residential rental property located in an unincorporated area of a
23	23	county with a population greater than one million.
24	24	Sec. 32.003. CERTAIN CONDITIONS PROHIBITED. (a) A
25	25	landlord may not maintain residential rental property to which this
26	26	chapter applies in an unsafe, unsanitary, or uninhabitable
27	27	condition.
28	28	(b) For purposes of this section, residential rental
29	29	property is maintained in an unsafe, unsanitary, or uninhabitable
30	30	condition if:
31	31	(1) the property substantially lacks any of the
32	32	following features installed and maintained in a manner that
33	33	conforms to applicable law and that are kept in good working order:
34	34	(A) appliances;
35	35	(B) waterproofing and weather protection of the
36	36	roof and exterior walls;
37	37	(C) intact doors and windows with functioning
38	38	locks or other security devices;
39	39	(D) plumbing facilities and, if present and
40	40	necessary, gas facilities;
41	41	(E) running hot and cold water and sewage
42	42	disposal;
43	43	(F) heating and air conditioning;
44	44	(G) electrical lighting and power; or
45	45	(H) a sufficient number of exterior garbage
46	46	receptacles;
47	47	(2) common areas of the property are not kept
48	48	reasonably clean, sanitary, and safe;
49	49	(3) the property is infested by rodents, insects, or
50	50	other vermin and is not reasonably treated for the infestation;
51	51	(4) any floors, stairways, or railings are not
52	52	maintained in good repair;
53	53	(5) the property:
54	54	(A) contains harmful mold; or
55	55	(B) has a condition causing dampness to an extent
56	56	that, if not remedied, would materially interfere with the health
57	57	and safety of a tenant;
58	58	(6) the property is not maintained in compliance with
59	59	applicable laws or codes in a manner causing a material risk to the
60	60	health or safety of a tenant; or
61	61	(7) the property has any other condition that may
62	62	cause a material risk to the health and safety of a tenant.
63	63	Sec. 32.004. NOTICE OF VIOLATION. (a) Except as provided
64	64	by Subsection (b), before bringing an action against a landlord
65	65	under this chapter, a district attorney or county attorney must
66	66	send written notice to the landlord describing any condition listed
67	67	in Section 32.003 affecting the landlord's residential rental
68	68	property and notifying the landlord that the landlord must remedy
69	69	the condition not later than the 30th day after the date of
70	70	receiving notice.
71	71	(b) Notice under this section is not required if such an
72	72	emergency exists that immediate and irreparable injury, loss, or
73	73	damage would occur as a result of delay in obtaining a temporary
74	74	restraining order.
75	75	Sec. 32.005. ENFORCEMENT ACTION. (a) The district
76	76	attorney or county attorney may bring an action in the name of the
77	77	county against the landlord to restrain by temporary restraining
78	78	order, temporary injunction, or permanent injunction a violation of
79	79	Section 32.003.
80	80	(b) The remediation of a condition of residential rental
81	81	property after receipt of a notice under Section 32.004 does not
82	82	cause an action under this section to become moot, and injunctive
83	83	relief is available in the action to restrain the condition
84	84	described in the notice.
85	85	(c) In an action under this section, the district attorney
86	86	or county attorney may recover from the landlord a civil penalty in
87	87	an amount not to exceed $100 for each day on which the violation
88	88	that is the subject of the action exists. In determining the amount
89	89	of the violation, the court shall consider the seriousness of the
90	90	violation.
91	91	(d) A county shall deposit 75 percent of any penalty
92	92	recovered under this section into the general fund of the county and
93	93	25 percent into the general revenue fund of the state.
94	94	(e) In an action under this section, the court may make any
95	95	additional orders or judgments necessary to compensate
96	96	identifiable persons for actual damages resulting from the
97	97	condition that is the subject of the action or restore money or
98	98	property expended to remedy the condition, so long as the damages or
99	99	expenditures were not incurred more than four years before the
100	100	commencement of the action.
101	101	(f) An action under this section must be brought not later
102	102	than the later of:
103	103	(1) four years after the date on which the condition
104	104	that is the subject of the action began; or
105	105	(2) four years after the date on which a tenant
106	106	discovered or in the exercise of reasonable diligence should have
107	107	discovered the condition.
108	108	SECTION 2. This Act takes effect September 1, 2025.