| 1 | 1 | | 89R7679 AJA-D |
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| 2 | 2 | | By: Alvarado, et al. S.B. No. 485 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the duties of care of certain landlords regarding |
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| 10 | 10 | | disasters. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 92, Property Code, is amended by adding |
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| 13 | 13 | | Subchapter J to read as follows: |
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| 14 | 14 | | SUBCHAPTER J. LANDLORD'S DUTIES OF CARE REGARDING DISASTERS |
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| 15 | 15 | | Sec. 92.401. DEFINITIONS. In this subchapter: |
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| 16 | 16 | | (1) "Authorized resident" means a tenant or an |
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| 17 | 17 | | individual who is authorized by a lease to occupy a dwelling but who |
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| 18 | 18 | | is not obligated under the lease to pay rent. |
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| 19 | 19 | | (2) "Child," "disabled individual," and "elderly |
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| 20 | 20 | | individual" have the meanings assigned by Section 22.04, Penal |
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| 21 | 21 | | Code. |
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| 22 | 22 | | (3) "Disaster" has the meaning assigned by Section |
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| 23 | 23 | | 418.004, Government Code. |
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| 24 | 24 | | (4) "Landlord" and "multiunit complex" have the |
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| 25 | 25 | | meanings assigned by Section 92.151. |
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| 26 | 26 | | Sec. 92.402. APPLICABILITY OF SUBCHAPTER. This subchapter |
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| 27 | 27 | | applies only to the landlord of a multiunit complex in which any |
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| 28 | 28 | | authorized resident is an elderly individual, disabled individual, |
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| 29 | 29 | | or child. |
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| 30 | 30 | | Sec. 92.403. DUTIES OF CARE. (a) A landlord to whom this |
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| 31 | 31 | | subchapter applies has the following duties of care: |
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| 32 | 32 | | (1) a duty to take all reasonable and necessary |
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| 33 | 33 | | precautions to protect residents of the multiunit complex from |
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| 34 | 34 | | foreseeable harm during a disaster; |
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| 35 | 35 | | (2) a duty to understand and prepare for conditions |
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| 36 | 36 | | that are more likely to affect an elderly or disabled individual or |
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| 37 | 37 | | child during a disaster, such as the need for mobility assistance |
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| 38 | 38 | | during evacuation or the need to access medication or medical |
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| 39 | 39 | | support; |
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| 40 | 40 | | (3) a duty to ensure that the staff of the complex are |
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| 41 | 41 | | trained and available to assist with resident needs during a |
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| 42 | 42 | | disaster; |
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| 43 | 43 | | (4) a duty to inform residents about dangers that may |
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| 44 | 44 | | arise in a disaster and provide instruction on how to respond to |
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| 45 | 45 | | those dangers; and |
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| 46 | 46 | | (5) a duty not to abandon the complex during a disaster |
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| 47 | 47 | | unless a mandatory evacuation of the area has been ordered under |
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| 48 | 48 | | Section 418.185, Government Code. |
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| 49 | 49 | | (b) The duty described by Subsection (a)(4) includes a duty |
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| 50 | 50 | | to implement a reliable system to alert residents of imminent |
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| 51 | 51 | | dangers and to provide clear and accessible information about |
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| 52 | 52 | | disaster plans and evacuation procedures. |
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| 53 | 53 | | Sec. 92.404. CAUSE OF ACTION. An authorized resident may |
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| 54 | 54 | | bring an action to recover damages resulting from a landlord's |
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| 55 | 55 | | breach of a duty of care imposed by Section 92.403. |
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| 56 | 56 | | Sec. 92.405. EFFECT ON OTHER DUTIES. Nothing in this |
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| 57 | 57 | | subchapter affects a duty of a landlord that exists under other law. |
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| 58 | 58 | | SECTION 2. This Act takes effect September 1, 2025. |
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