89R7679 AJA-D
By: Alvarado, et al. S.B. No. 485
A BILL TO BE ENTITLED
AN ACT
relating to the duties of care of certain landlords regarding
disasters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 92, Property Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. LANDLORD'S DUTIES OF CARE REGARDING DISASTERS
Sec. 92.401. DEFINITIONS. In this subchapter:
(1) "Authorized resident" means a tenant or an
individual who is authorized by a lease to occupy a dwelling but who
is not obligated under the lease to pay rent.
(2) "Child," "disabled individual," and "elderly
individual" have the meanings assigned by Section 22.04, Penal
Code.
(3) "Disaster" has the meaning assigned by Section
418.004, Government Code.
(4) "Landlord" and "multiunit complex" have the
meanings assigned by Section 92.151.
Sec. 92.402. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to the landlord of a multiunit complex in which any
authorized resident is an elderly individual, disabled individual,
or child.
Sec. 92.403. DUTIES OF CARE. (a) A landlord to whom this
subchapter applies has the following duties of care:
(1) a duty to take all reasonable and necessary
precautions to protect residents of the multiunit complex from
foreseeable harm during a disaster;
(2) a duty to understand and prepare for conditions
that are more likely to affect an elderly or disabled individual or
child during a disaster, such as the need for mobility assistance
during evacuation or the need to access medication or medical
support;
(3) a duty to ensure that the staff of the complex are
trained and available to assist with resident needs during a
disaster;
(4) a duty to inform residents about dangers that may
arise in a disaster and provide instruction on how to respond to
those dangers; and
(5) a duty not to abandon the complex during a disaster
unless a mandatory evacuation of the area has been ordered under
Section 418.185, Government Code.
(b) The duty described by Subsection (a)(4) includes a duty
to implement a reliable system to alert residents of imminent
dangers and to provide clear and accessible information about
disaster plans and evacuation procedures.
Sec. 92.404. CAUSE OF ACTION. An authorized resident may
bring an action to recover damages resulting from a landlord's
breach of a duty of care imposed by Section 92.403.
Sec. 92.405. EFFECT ON OTHER DUTIES. Nothing in this
subchapter affects a duty of a landlord that exists under other law.
SECTION 2. This Act takes effect September 1, 2025.