Texas 2025 - 89th Regular

Texas Senate Bill SB882 Compare Versions

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

Old	New	Differences
1	1	89R2892 DRS-F
2	2	By: Cook S.B. No. 882
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain rights and duties of residential tenants and
10	10	landlords; increasing the amount of civil penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 24.005, Property Code, is
13	13	amended to read as follows:
14	14	Sec. 24.005. NOTICE TO CURE DEFAULT FOR NONPAYMENT OF RENT;
15	15	NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT.
16	16	SECTION 2. Section 24.005, Property Code, is amended by
17	17	amending Subsection (a) and adding Subsections (a-1), (a-2), and
18	18	(a-3) to read as follows:
19	19	(a) Except as provided by Subsections (a-1) and (a-2), if
20	20	[If] the occupant is a tenant under a written lease or oral rental
21	21	agreement, the landlord must give a tenant who defaults or holds
22	22	over beyond the end of the rental term or renewal period at least
23	23	three days' written notice to vacate the premises before the
24	24	landlord files a forcible detainer suit, unless the parties have
25	25	contracted for a shorter or longer notice period in a written lease
26	26	or agreement. A landlord who files a forcible detainer suit on
27	27	grounds that the tenant is holding over beyond the end of the rental
28	28	term or renewal period must also comply with the tenancy
29	29	termination requirements of Section 91.001.
30	30	(a-1) The landlord must give a residential tenant who
31	31	defaults for nonpayment of rent 10 days' written notice and an
32	32	opportunity to cure the default by paying any delinquent rent
33	33	before issuing the notice to vacate under Subsection (a-2). The
34	34	written notice must include, in all capital letters in an easily
35	35	readable font and type size, the words "YOU ARE IN DEFAULT OF THE
36	36	LEASE FOR NONPAYMENT OF RENT. YOU HAVE 10 DAYS AFTER THE DATE THIS
37	37	NOTICE WAS DELIVERED TO PAY THE RENT BEFORE A NOTICE TO VACATE MAY
38	38	BE ISSUED. CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR
39	39	IF YOU NEED HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE
40	40	AN ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL
41	41	ASSISTANCE."
42	42	(a-2) After a landlord gives a tenant an opportunity to cure
43	43	under Subsection (a-1), the landlord must give the tenant at least
44	44	14 days' written notice to vacate the premises before the landlord
45	45	files a forcible detainer suit. The notice to vacate must state the
46	46	reason for the notice and must include, in all capital letters in an
47	47	easily readable font and type size, the words "THIS IS NOT AN
48	48	EVICTION ORDER. THIS IS A DEMAND FOR POSSESSION OF THE PROPERTY.
49	49	AN EVICTION CASE MAY BE FILED AGAINST YOU 14 DAYS AFTER THE DATE
50	50	THIS NOTICE WAS DELIVERED. CALL THE STATE BAR OF TEXAS TOLL-FREE AT
51	51	1-877-9TEXBAR IF YOU NEED HELP LOCATING AN ATTORNEY. IF YOU CANNOT
52	52	AFFORD TO HIRE AN ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST
53	53	LEGAL ASSISTANCE."
54	54	(a-3) If applicable, the written notice to vacate must
55	55	inform a residential tenant of the tenant's right to cure the
56	56	default for nonpayment of rent under Section 24.00605.
57	57	SECTION 3. Chapter 24, Property Code, is amended by adding
58	58	Sections 24.00605, 24.012, 24.013, and 24.014 to read as follows:
59	59	Sec. 24.00605. RESIDENTIAL TENANT'S RIGHT TO CURE BEFORE
60	60	WRIT OF POSSESSION EXECUTED. (a) Except as provided by Subsection
61	61	(b), a residential tenant who is in default for nonpayment of rent
62	62	under a written or oral lease may cure the default and reinstate the
63	63	lease by paying all rent, court costs, and attorney's fees not later
64	64	than the date a writ of possession is executed.
65	65	(b) Unless the lease provides otherwise, a tenant may not
66	66	cure a default if the tenant cured a default under this section in
67	67	the 12-month period preceding the date the writ of possession is
68	68	executed.
69	69	Sec. 24.012. ACCESS TO EVICTION CASE INFORMATION. (a) In
70	70	this section:
71	71	(1) "Eviction case" means a lawsuit brought under this
72	72	chapter to recover possession of leased or rented residential real
73	73	property from a tenant.
74	74	(2) "Eviction case information" means all records and
75	75	files related to a filing of an eviction case, including petitions
76	76	and dispositions.
77	77	(b) This section applies to an eviction case in which an
78	78	order granting limited dissemination of eviction case information
79	79	has not been entered under Section 24.013.
80	80	(c) The court clerk shall allow access to eviction case
81	81	information only to:
82	82	(1) a party to the action, including a party's
83	83	attorney;
84	84	(2) a person who provides the clerk with:
85	85	(A) the names of at least one plaintiff and one
86	86	defendant; and
87	87	(B) the address of the premises, including any
88	88	apartment or unit number;
89	89	(3) a resident of the premises who:
90	90	(A) provides the clerk with the name of one of the
91	91	parties or the case number; and
92	92	(B) shows proof of residency;
93	93	(4) a person in accordance with a court order, which
94	94	may be granted ex parte, issued on a showing of good cause;
95	95	(5) a person in accordance with a court order issued at
96	96	the time the judgment in the case is entered, if the judgment is
97	97	entered:
98	98	(A) for the plaintiff after a trial; and
99	99	(B) after the 60th day after the date the
100	100	complaint was filed; or
101	101	(6) any other person after the 60th day after the date
102	102	the complaint was filed:
103	103	(A) if the plaintiff prevailed in the action
104	104	before the 60th day after the date the complaint was filed; or
105	105	(B) if the case involved residential real
106	106	property purchased at a foreclosure sale and judgment against all
107	107	defendants was entered for the plaintiff after a trial.
108	108	(d) If a default or default judgment is set aside after the
109	109	60th day after the date the complaint was filed, this section
110	110	applies as if the complaint had been filed on the date the default
111	111	or default judgment is set aside.
112	112	(e) This section may not be construed to prohibit the court
113	113	from issuing an order that bars access to eviction case information
114	114	if stipulated by the parties to the case.
115	115	(f) For purposes of this section, good cause for access to
116	116	eviction case information includes the gathering of:
117	117	(1) newsworthy facts by a journalist as defined by
118	118	Article 38.11, Code of Criminal Procedure; and
119	119	(2) evidence by a party to the eviction case solely for
120	120	the purpose of filing a request for judicial notice.
121	121	(g) After the filing of an eviction case, the court clerk
122	122	shall mail notice to each defendant named in the case. The notice
123	123	must be mailed to the address provided in the complaint. The notice
124	124	must contain a statement that an eviction case has been filed
125	125	against the defendant and that access to the eviction case
126	126	information will be delayed for 60 days except to a party, an
127	127	attorney for one of the parties, a person who has good cause for
128	128	access as determined by a court, or any other person who provides to
129	129	the clerk:
130	130	(1) the names of at least one plaintiff and one
131	131	defendant in the case and provides to the clerk the address,
132	132	including any applicable apartment or unit number, of the subject
133	133	premises; or
134	134	(2) the name of one of the parties in the case or the
135	135	case number and can establish through proper identification that
136	136	the person resides at the address identified in the case.
137	137	(h) The notice must also contain:
138	138	(1) the name and telephone number of the county bar
139	139	association for the county in which the case is filed;
140	140	(2) the name and telephone number of any entity that
141	141	requests inclusion on the notice and demonstrates to the
142	142	satisfaction of the court that the entity has been certified by the
143	143	State Bar of Texas as a lawyer referral service and maintains a
144	144	panel of attorneys qualified in the practice of landlord-tenant law
145	145	under the minimum standards for a lawyer referral service
146	146	established by the State Bar of Texas and Chapter 952, Occupations
147	147	Code;
148	148	(3) the following statement: "The State Bar of Texas
149	149	certifies lawyer referral services in Texas and publishes a list of
150	150	certified lawyer referral services. To locate a lawyer referral
151	151	service in your area, access the State Bar's Internet website at
152	152	www.texasbar.com or call 1-877-9TEXBAR.";
153	153	(4) the names and telephone numbers of offices that
154	154	provide legal services at low or no cost to low-income persons in
155	155	the county in which the action is filed; and
156	156	(5) a statement that a person receiving the notice may
157	157	call the telephone numbers described in the notice for legal advice
158	158	regarding the case.
159	159	(i) The court clerk shall mail a notice required under this
160	160	section not earlier than the 24th hour and not later than the 48th
161	161	hour after the time the eviction case is filed, excluding weekends
162	162	and holidays.
163	163	(j) The court clerk shall mail separately to the subject
164	164	premises one copy of the notice addressed to "all occupants." The
165	165	notice does not constitute service of the summons and complaint.
166	166	Sec. 24.013. LIMITED DISSEMINATION OF EVICTION CASE
167	167	INFORMATION. (a) In this section, "eviction case" and "eviction
168	168	case information" have the meanings assigned by Section 24.012.
169	169	(b) Concurrently with a final judgment or dismissal in an
170	170	eviction case or on petition of a defendant in an eviction case
171	171	after a final judgment or dismissal in the case, a court shall enter
172	172	an order of limited dissemination of the eviction case information
173	173	pertaining to the defendant if:
174	174	(1) the judgment is or was entered in favor of the
175	175	defendant;
176	176	(2) the eviction case is or was dismissed without any
177	177	relief granted to the plaintiff;
178	178	(3) the defendant is or was a tenant not otherwise in
179	179	default and the eviction case was brought by the landlord's
180	180	successor in interest following foreclosure; or
181	181	(4) at least three years have elapsed from the date of
182	182	the final judgment in the eviction case.
183	183	(c) Concurrently with a final judgment or dismissal in an
184	184	eviction case or on petition of a defendant in an eviction case
185	185	after a final judgment or dismissal in the case, a court may order
186	186	the limited dissemination of eviction case information pertaining
187	187	to the defendant if the court finds that:
188	188	(1) the limited dissemination of the eviction case
189	189	information is in the interest of justice; and
190	190	(2) the interest of justice is not outweighed by the
191	191	public's interest in knowing the eviction case information.
192	192	(d) If an order is entered granting limited dissemination of
193	193	eviction case information pertaining to a defendant under this
194	194	section:
195	195	(1) all courts or court clerks shall delete or redact
196	196	all index references to the name of the defendant that relate to the
197	197	eviction case information from the public records; and
198	198	(2) except to the extent permitted by federal law, a
199	199	credit reporting agency, a person who regularly collects and
200	200	disseminates eviction case information, or a person who sells
201	201	eviction case information may not:
202	202	(A) disclose the existence of the eviction case;
203	203	or
204	204	(B) use the eviction case information as a factor
205	205	in determining a score or recommendation in a tenant screening
206	206	report regarding the defendant.
207	207	(e) A person who knowingly violates Subsection (d) is liable
208	208	to an injured party for:
209	209	(1) actual damages;
210	210	(2) exemplary damages of $1,000; and
211	211	(3) reasonable attorney's fees and court costs.
212	212	(f) Notwithstanding Section 41.004(a), Civil Practice and
213	213	Remedies Code, a court shall award exemplary damages under
214	214	Subsection (e)(2) to the injured party irrespective of whether the
215	215	party is awarded actual damages.
216	216	Sec. 24.014. EVICTION CASE INFORMATION RELATED TO COVID-19
217	217	PANDEMIC. (a) In this section, "eviction case" has the meaning
218	218	assigned by Section 24.012.
219	219	(b) Except as provided by Subsection (d), a landlord may not
220	220	refuse to rent, negotiate for the rental of, or in any other manner
221	221	make unavailable or deny a dwelling to a person because of an
222	222	eviction case brought against the person during a state of disaster
223	223	declared by the governor under Section 418.014, Government Code,
224	224	related to the coronavirus disease (COVID-19) pandemic or before
225	225	the 180th day after the date of termination of the state of
226	226	disaster.
227	227	(c) A court may find that limited dissemination of
228	228	information related to an eviction case brought against a person
229	229	during the period described by Subsection (b) is in the interest of
230	230	justice for purposes of Section 24.013.
231	231	(d) This section does not apply to an eviction case based on
232	232	actions of the tenant that create an imminent threat to the health
233	233	or safety of the landlord, a member of the landlord's or tenant's
234	234	household, other tenants, or neighbors.
235	235	SECTION 4. Section 92.0081(b), Property Code, is amended to
236	236	read as follows:
237	237	(b) A landlord may not intentionally prevent a tenant from
238	238	entering the leased premises except by judicial process unless the
239	239	exclusion results from:
240	240	(1) bona fide repairs, construction, or an emergency;
241	241	or
242	242	(2) removing the contents of premises abandoned by a
243	243	tenant[; or
244	244	[(3) changing the door locks on the door to the
245	245	tenant's individual unit of a tenant who is delinquent in paying at
246	246	least part of the rent].
247	247	SECTION 5. The heading to Section 92.011, Property Code, is
248	248	amended to read as follows:
249	249	Sec. 92.011. [CASH] RENTAL PAYMENTS.
250	250	SECTION 6. Section 92.011, Property Code, is amended by
251	251	adding Subsection (b-1) to read as follows:
252	252	(b-1) A landlord shall apply any payment received from a
253	253	tenant to unpaid rent before applying the payment to a fee, charge,
254	254	or other sum of money the tenant owes that is not rent. This
255	255	subsection applies without regard to the method of payment.
256	256	SECTION 7. Subchapter A, Chapter 92, Property Code, is
257	257	amended by adding Section 92.0111 to read as follows:
258	258	Sec. 92.0111. NON-UTILITY MANDATORY SERVICE FEES
259	259	PROHIBITED. (a) In this section, "mandatory service" means any
260	260	service other than water, gas, or electric utility services
261	261	provided to a tenant under a lease and for which the lease does not
262	262	allow the tenant to voluntarily opt out of receiving the service.
263	263	(b) A landlord shall include any charges for a mandatory
264	264	service in the rent and may not charge a tenant a separate fee for a
265	265	mandatory service.
266	266	SECTION 8. Section 92.019, Property Code, is amended by
267	267	amending Subsection (a-1) and adding Subsection (b-1) to read as
268	268	follows:
269	269	(a-1) For purposes of this section, a late fee is considered
270	270	reasonable if[:
271	271	[(1)] the late fee is not more than the lesser of [:
272	272	[(A) 12 percent of the amount of rent for the
273	273	rental period under the lease for a dwelling located in a structure
274	274	that contains not more than four dwelling units; or
275	275	[(B)] 10 percent of the amount of rent for the
276	276	rental period under the lease or $75 [for a dwelling located in a
277	277	structure that contains more than four dwelling units; or
278	278	[(2) the late fee is more than the applicable amount
279	279	under Subdivision (1), but not more than uncertain damages to the
280	280	landlord related to the late payment of rent, including direct or
281	281	indirect expenses, direct or indirect costs, or overhead associated
282	282	with the collection of late payment].
283	283	(b-1) A landlord may not charge a tenant a late fee on an
284	284	unpaid amount that does not include unpaid rent and consists
285	285	entirely of a fee, charge, or other sum of money owed by the tenant
286	286	that is not rent, including a late fee charged under Subsection (a).
287	287	SECTION 9. Subchapter A, Chapter 92, Property Code, is
288	288	amended by adding Section 92.022 to read as follows:
289	289	Sec. 92.022. CERTAIN CRIMINAL MATTERS NOT DEFAULT.
290	290	Notwithstanding any terms of a lease to the contrary, the arrest,
291	291	charge, detention, or deferred adjudication or pretrial diversion
292	292	of a tenant for any crime does not constitute a default under the
293	293	lease by the tenant.
294	294	SECTION 10. Subchapter A, Chapter 92, Property Code, is
295	295	amended by adding Section 92.027 to read as follows:
296	296	Sec. 92.027. NOTICE REGARDING ENTRY TO DWELLING BY
297	297	LANDLORD. (a) Except as provided by Subsection (c), a landlord may
298	298	enter a dwelling only if the landlord delivered to the tenant, at
299	299	least 48 hours before the entry, a written notice containing the
300	300	date and time the landlord will enter the tenant's dwelling and the
301	301	purpose for the entry.
302	302	(b) After giving notice as required by Subsection (a), a
303	303	landlord may enter a dwelling only:
304	304	(1) on the date and at the time contained in the
305	305	notice; and
306	306	(2) for the purpose stated in the notice.
307	307	(c) In the case of an emergency, a landlord may enter a
308	308	dwelling as necessary without providing the notice required by
309	309	Subsection (a).
310	310	(d) A provision of a lease that purports to waive a right or
311	311	to exempt a party from a liability or duty under this section is
312	312	void.
313	313	SECTION 11. Section 92.052, Property Code, is amended by
314	314	adding Subsections (a-1), (a-2), and (a-3) to read as follows:
315	315	(a-1) Before a lease is executed, a landlord or a landlord's
316	316	agent shall:
317	317	(1) inspect the premises;
318	318	(2) act diligently to complete all repairs necessary
319	319	for the premises to be habitable, including ensuring the premises:
320	320	(A) contain a device to supply hot water of a
321	321	minimum temperature of 120 degrees Fahrenheit that is in good
322	322	operating condition; and
323	323	(B) comply with the requirements of applicable
324	324	building or housing codes material to the physical health and
325	325	safety of the ordinary tenant; and
326	326	(3) affirm in the lease that the landlord has complied
327	327	with this subsection.
328	328	(a-2) If, not later than the seventh day after the lease
329	329	start date and except as provided by Subsection (a-3), a tenant
330	330	discovers the premises fail to meet the requirements of Subsection
331	331	(a-1)(2)(A) or (B), the tenant, after notifying the landlord by
332	332	giving that notice to the person to whom or to the place where the
333	333	tenant's rent is normally paid, may:
334	334	(1) terminate the lease;
335	335	(2) withhold rent payments or have the condition
336	336	repaired or remedied according to Section 92.0561;
337	337	(3) deduct from the tenant's rent, without necessity
338	338	of judicial action, the cost of the repair or remedy according to
339	339	Section 92.0561; and
340	340	(4) obtain judicial remedies according to Section
341	341	92.0563.
342	342	(a-3) A tenant who elects to terminate the lease under
343	343	Subsection (a-2) is:
344	344	(1) entitled to a pro rata refund of rent from the
345	345	later of the date of termination or the date the tenant moves out;
346	346	(2) entitled to deduct the tenant's security deposit
347	347	from the tenant's rent, without necessity of judicial action, or to
348	348	obtain a refund of the tenant's security deposit according to law;
349	349	and
350	350	(3) not entitled to the other repair and deduct
351	351	remedies under Section 92.0561 or the judicial remedies under
352	352	Sections 92.0563(a)(1) and (2).
353	353	SECTION 12. Section 92.054, Property Code, is amended by
354	354	amending Subsections (b) and (c) and adding Subsections (b-1),
355	355	(b-2), (b-3), (b-4), (b-5), (d), (e), (f), and (g) to read as
356	356	follows:
357	357	(b) If after a casualty loss the rental premises are as a
358	358	practical matter totally unusable for residential purposes and if
359	359	the casualty loss is not caused by the negligence or fault of the
360	360	tenant, a member of the tenant's family, or a guest or invitee of
361	361	the tenant, either the landlord or the tenant may terminate the
362	362	lease by giving written notice to the other any time before repairs
363	363	are completed.
364	364	(b-1) A notice described by Subsection (b) must be provided:
365	365	(1) to a landlord:
366	366	(A) by hand delivery or mail to a forwarding
367	367	address the landlord provides to the tenant by e-mail or otherwise;
368	368	or
369	369	(B) if a forwarding address has not been provided
370	370	as described by Paragraph (A):
371	371	(i) by hand delivery to the landlord or the
372	372	landlord's representative at another location; or
373	373	(ii) by mail to the place where the tenant's
374	374	rent is normally paid; or
375	375	(2) to a tenant:
376	376	(A) by hand delivery or mail to a forwarding
377	377	address the tenant provides to the landlord by e-mail or otherwise;
378	378	or
379	379	(B) if a forwarding address has not been provided
380	380	as described by Paragraph (A):
381	381	(i) by hand delivery to the tenant at
382	382	another location; or
383	383	(ii) by mail to the tenant's rental
384	384	premises.
385	385	(b-2) A termination of a lease as authorized by Subsection
386	386	(b) may not take effect before the 15th day after the date the
387	387	notice is delivered. If more than one method under Subsection (b-1)
388	388	is used to provide notice, the method under which the notice was
389	389	delivered on the earliest date applies for purposes of this
390	390	subsection.
391	391	(b-3) A landlord may not charge rent for the rental premises
392	392	and rent for the rental premises may not accrue after the date the
393	393	premises became as a practical matter totally unusable for
394	394	residential purposes as a result of a casualty loss.
395	395	(b-4) Subject to Subsection (b-5) and notwithstanding
396	396	whether the lease termination has taken effect under Subsection
397	397	(b-2), if a notice to terminate [If] the lease is provided under
398	398	this section [terminated], the landlord shall pay to the tenant not
399	399	later than the fifth day after the date the notice is delivered:
400	400	(1) a refund of any prepaid rent;
401	401	(2) [is entitled only to] a pro rata refund of rent
402	402	from the date the rental premises became as a practical matter
403	403	totally unusable for residential purposes as a result of a casualty
404	404	loss; [tenant moves out] and
405	405	(3) [to] a full refund of any security deposit
406	406	[otherwise required by law].
407	407	(b-5) If a tenant has not provided the landlord a forwarding
408	408	address as described by Subsection (b-1)(2)(A), the period for
409	409	providing the refund amounts specified by Subsection (b-4) is
410	410	tolled until the tenant provides the landlord a written statement
411	411	by e-mail or otherwise of the tenant's forwarding address for the
412	412	purpose of refunding those amounts. A tenant providing notice
413	413	under Subsection (b) may provide the written statement of the
414	414	tenant's forwarding address in that notice. A landlord providing
415	415	notice under Subsection (b) must include a statement informing the
416	416	tenant of the requirement of this subsection.
417	417	(c) If after a casualty loss the rental premises are
418	418	partially unusable for residential purposes and if the casualty
419	419	loss is not caused by the negligence or fault of the tenant, a
420	420	member of the tenant's family, or a guest or invitee of the tenant,
421	421	the tenant is entitled to reduction in the rent for the month in
422	422	which the casualty loss occurs and any subsequent months in the
423	423	lease term in which the rental premises are partially unusable for
424	424	residential purposes. The tenant is entitled to determine the
425	425	amount of the reduction in the rent, provided the tenant determines
426	426	[in] an amount proportionate to the extent the premises are
427	427	unusable because of the casualty loss [, but only on judgment of a
428	428	county or district court]. A tenant entitled to a reduction in rent
429	429	may deduct and withhold from a rent payment the amount the tenant
430	430	determines [A landlord and tenant may agree otherwise in a written
431	431	lease].
432	432	(d) It is a defense in a proceeding to recover unpaid rent
433	433	for a rental premises, including a proceeding to recover possession
434	434	of a rental premises for nonpayment of rent, that a rent payment was
435	435	reduced, deducted, and withheld in accordance with Subsection (c).
436	436	(e) If a tenant asserts a defense under Subsection (d), the
437	437	court shall determine the amount of the rent reduction that is
438	438	proportionate to the extent the premises are unusable because of
439	439	the casualty. If the tenant withheld an amount less than the amount
440	440	determined by the court, the court shall enter a judgment for the
441	441	tenant in an amount equal to the amount the tenant overpaid. If the
442	442	tenant withheld an amount greater than the amount determined by the
443	443	court, the court:
444	444	(1) may assess late fees in accordance with the lease
445	445	if the court finds the tenant acted in bad faith in reducing or
446	446	withholding the rent payment;
447	447	(2) shall order the tenant to pay into the registry of
448	448	the court or, if the landlord consents in writing, directly to the
449	449	landlord:
450	450	(A) an amount equal to the amount the tenant
451	451	underpaid; and
452	452	(B) any late fees assessed under Subdivision (1);
453	453	(3) may not enter a final judgment in the proceeding
454	454	before the 10th business day after the date the court issued the
455	455	order of payment under Subdivision (2); and
456	456	(4) shall dismiss the proceeding against the tenant if
457	457	the tenant complies with the order of payment under Subdivision (2)
458	458	before the 10th business day after the date the court issued the
459	459	order of payment under Subdivision (2).
460	460	(f) It is a defense in a proceeding to recover possession of
461	461	a rental premises after the landlord terminates a lease under this
462	462	section that the premises are totally or partially usable for
463	463	residential purposes.
464	464	(g) A provision of a lease is void if the provision purports
465	465	to:
466	466	(1) waive a right or exempt a party from a liability or
467	467	duty under this section; or
468	468	(2) expand a party's right to unilaterally terminate a
469	469	lease under this section.
470	470	SECTION 13. Sections 92.056(b) and (e), Property Code, are
471	471	amended to read as follows:
472	472	(b) A landlord is liable to a tenant as provided by this
473	473	subchapter if:
474	474	(1) the tenant has given the landlord notice to repair
475	475	or remedy a condition by giving that notice to the person to whom or
476	476	to the place where the tenant's rent is normally paid;
477	477	(2) the condition materially affects the physical
478	478	health or safety of an ordinary tenant;
479	479	(3) the tenant has given the landlord a subsequent
480	480	written notice to repair or remedy the condition after a reasonable
481	481	time to repair or remedy the condition following the notice given
482	482	under Subdivision (1) or the tenant has given the notice under
483	483	Subdivision (1) by sending that notice by:
484	484	(A) a method specified in the lease;
485	485	(B) a method generally accepted by the landlord
486	486	in practice;
487	487	(C) certified mail, return receipt requested;
488	488	(D) [, by] registered mail; [,] or
489	489	(E) [by] another form of mail that allows
490	490	tracking of delivery from the United States Postal Service or a
491	491	private delivery service;
492	492	(4) the landlord has had a reasonable time to repair or
493	493	remedy the condition after the landlord received the tenant's
494	494	notice under Subdivision (1) and, if applicable, the tenant's
495	495	subsequent notice under Subdivision (3);
496	496	(5) the landlord has not made a diligent effort to
497	497	repair or remedy the condition after the landlord received the
498	498	tenant's notice under Subdivision (1) and, if applicable, the
499	499	tenant's notice under Subdivision (3); and
500	500	(6) the tenant was not delinquent in the payment of
501	501	rent at the time any notice required by this subsection was given.
502	502	(e) Except as provided by [in] Subsection (f), a tenant to
503	503	whom a landlord is liable under Subsection (b) [of this section]
504	504	may:
505	505	(1) terminate the lease;
506	506	(2) withhold rent payments or have the condition
507	507	repaired or remedied according to Section 92.0561;
508	508	(3) deduct from the tenant's rent, without necessity
509	509	of judicial action, the cost of the repair or remedy according to
510	510	Section 92.0561; and
511	511	(4) obtain judicial remedies according to Section
512	512	92.0563.
513	513	SECTION 14. The heading to Section 92.0561, Property Code,
514	514	is amended to read as follows:
515	515	Sec. 92.0561. TENANT'S REPAIR AND DEDUCT AND RENT
516	516	WITHHOLDING REMEDIES.
517	517	SECTION 15. Section 92.0561, Property Code, is amended by
518	518	amending Subsections (a), (d), (e), and (f) and adding Subsections
519	519	(l) and (m) to read as follows:
520	520	(a) If the landlord is liable to the tenant under Section
521	521	92.056(b), the tenant may:
522	522	(1) withhold rent payments; or
523	523	(2) have the condition repaired or remedied and may
524	524	deduct the cost from a subsequent rent payment as provided in this
525	525	section.
526	526	(d) Repairs under this section may be made or rent payments
527	527	may be withheld only if [all of the following requirements are met]:
528	528	(1) the [The] landlord has a duty to repair or remedy
529	529	the condition under Section 92.052, and the duty has not been waived
530	530	in a written lease by the tenant under [Subsection (e) or (f) of]
531	531	Section 92.006(e) or (f); [92.006.]
532	532	(2) the [The] tenant has given notice to the landlord
533	533	as required by Section 92.056(b)(1), and, if required, a subsequent
534	534	notice under Section 92.056(b)(3);
535	535	(3) if the tenant intends to repair or remedy the
536	536	condition, [and] at least one of the [those] notices under
537	537	Subdivision (2):
538	538	(A) states that the tenant intends to repair or
539	539	remedy the condition; and
540	540	(B) contains[. The notice shall also contain] a
541	541	reasonable description of the intended repair or remedy; and[.]
542	542	(4) any [(3) Any] one of the following events has
543	543	occurred:
544	544	(A) the [The] landlord has failed to remedy the
545	545	backup or overflow of raw sewage inside the tenant's dwelling or the
546	546	flooding from broken pipes or natural drainage inside the dwelling;
547	547	[.]
548	548	(B) the [The] landlord has expressly or impliedly
549	549	agreed in the lease to furnish potable water to the tenant's
550	550	dwelling and the water service to the dwelling has totally ceased;
551	551	[.]
552	552	(C) the [The] landlord has expressly or impliedly
553	553	agreed in the lease to furnish heating or cooling equipment, and[;]
554	554	the equipment is not producing adequate [inadequate] heat or cooled
555	555	air; or[; and the landlord has been notified in writing by the
556	556	appropriate local housing, building, or health official or other
557	557	official having jurisdiction that the lack of heat or cooling
558	558	materially affects the health or safety of an ordinary tenant.]
559	559	(D) the [The] landlord has been notified in
560	560	writing by the appropriate local housing, building, or health
561	561	official or other official having jurisdiction that the condition
562	562	materially affects the health or safety of an ordinary tenant.
563	563	(e) If the requirements of Subsection (d) [of this section]
564	564	are met, a tenant may withhold rent payments or:
565	565	(1) have the condition repaired or remedied
566	566	immediately following the tenant's notice of intent to repair if
567	567	the condition involves sewage or flooding as described by [referred
568	568	to in Paragraph (A) of Subdivision (3) of] Subsection (d)(4)(A)
569	569	[(d) of this section];
570	570	(2) have the condition repaired or remedied if the
571	571	condition involves a cessation of potable water as described by
572	572	[referred to in Paragraph (A) of Subdivision (3) of] Subsection
573	573	(d)(4)(B) [(d) of this section] and if the landlord has failed to
574	574	repair or remedy the condition within three days following the
575	575	tenant's delivery of notice of intent to repair;
576	576	(3) have the condition repaired or remedied if the
577	577	condition involves inadequate heat or cooled air as described by
578	578	[referred to in Paragraph (C) of Subdivision (3) of] Subsection
579	579	(d)(4)(C) [(d) of this section] and if the landlord has failed to
580	580	repair the condition within three days after delivery of the
581	581	tenant's notice of intent to repair; or
582	582	(4) have the condition repaired or remedied if:
583	583	(A) the condition is not covered by Subsection
584	584	(d)(4)(A) [Paragraph (A)], (B), or (C);
585	585	(B) the condition [of Subdivision (3) of
586	586	Subsection (d) of this section and] involves a condition affecting
587	587	the physical health or safety of the ordinary tenant as described by
588	588	[referred to in Paragraph (D) of Subdivision (3) of] Subsection
589	589	(d)(4)(D); [(d) of this section] and
590	590	(C) [if] the landlord has failed to repair or
591	591	remedy the condition within seven days after delivery of the
592	592	tenant's notice of intent to repair.
593	593	(f) Repairs made pursuant to the tenant's notice must be
594	594	made by a company, contractor, or repairman listed in the yellow or
595	595	business pages of the telephone directory, on an Internet website
596	596	that aggregates and provides information about other businesses
597	597	that perform repair work, or in the classified advertising section
598	598	of a newspaper of the local city, county, or adjacent county at the
599	599	time of the tenant's notice of intent to repair. Unless the
600	600	landlord and tenant agree otherwise under Subsection (g) [of this
601	601	section], repairs may not be made by the tenant, the tenant's
602	602	immediate family, the tenant's employer or employees, or a company
603	603	in which the tenant has an ownership interest. Repairs may not be
604	604	made to the foundation or load-bearing structural elements of the
605	605	building if it contains two or more dwelling units.
606	606	(l) If the tenant chooses to withhold rent payments under
607	607	this section, the tenant may withhold rent until the repair is
608	608	completed. The tenant shall pay all rent owed not later than the
609	609	second business day after the date the repair is completed. The
610	610	tenant may not withhold rent payments due before the tenant
611	611	notified the landlord of the condition in need of repair or remedy.
612	612	(m) A landlord may not charge a late fee for rent properly
613	613	withheld under this section.
614	614	SECTION 16. Section 92.0563(a), Property Code, is amended
615	615	to read as follows:
616	616	(a) A tenant's judicial remedies under Section 92.056
617	617	shall include:
618	618	(1) an order directing the landlord to take reasonable
619	619	action to repair or remedy the condition;
620	620	(2) an order reducing the tenant's rent, from the date
621	621	of the first repair notice, in proportion to the reduced rental
622	622	value resulting from the condition until the condition is repaired
623	623	or remedied;
624	624	(3) a judgment against the landlord for a civil
625	625	penalty of one month's rent plus $2,000 [$500];
626	626	(4) a judgment against the landlord for the amount of
627	627	the tenant's actual damages; and
628	628	(5) court costs and attorney's fees, excluding any
629	629	attorney's fees for a cause of action for damages relating to a
630	630	personal injury.
631	631	SECTION 17. Section 92.331(b), Property Code, is amended to
632	632	read as follows:
633	633	(b) A landlord may not, because [within six months after the
634	634	date] of the tenant's action under Subsection (a), retaliate
635	635	against the tenant by:
636	636	(1) filing an eviction proceeding, except for the
637	637	grounds stated by Section 92.332;
638	638	(2) depriving the tenant of the use of the premises,
639	639	except for reasons authorized by law;
640	640	(3) decreasing services to the tenant;
641	641	(4) increasing the tenant's rent or terminating the
642	642	tenant's lease; or
643	643	(5) engaging, in bad faith, in a course of conduct that
644	644	materially interferes with the tenant's rights under the tenant's
645	645	lease.
646	646	SECTION 18. Section 92.333, Property Code, is amended to
647	647	read as follows:
648	648	Sec. 92.333. TENANT REMEDIES. In addition to other
649	649	remedies provided by law, if a landlord retaliates against a tenant
650	650	under this subchapter, the tenant may recover from the landlord a
651	651	civil penalty of one month's rent plus $2,000 [$500], actual
652	652	damages, court costs, and reasonable attorney's fees in an action
653	653	for recovery of property damages, moving costs, actual expenses,
654	654	civil penalties, or declaratory or injunctive relief, less any
655	655	delinquent rents or other sums for which the tenant is liable to the
656	656	landlord. If the tenant's rent payment to the landlord is
657	657	subsidized in whole or in part by a governmental entity, the civil
658	658	penalty granted under this section shall reflect the fair market
659	659	rent of the dwelling plus $2,000 [$500].
660	660	SECTION 19. Section 92.351, Property Code, is amended by
661	661	adding Subdivisions (3-a) and (3-b) to read as follows:
662	662	(3-a) "Conditional offer" means an offer to rent or
663	663	lease a rental unit to an applicant that is contingent on the
664	664	landlord's subsequent inquiry into the applicant's criminal
665	665	history.
666	666	(3-b) "Conviction" means a verdict or plea of guilty
667	667	or nolo contendere. The term does not include deferred
668	668	adjudication or community supervision.
669	669	SECTION 20. Section 92.3515, Property Code, is amended by
670	670	amending Subsection (a) and adding Subsection (a-1) to read as
671	671	follows:
672	672	(a) At the time an applicant is provided with a rental
673	673	application and before accepting an application fee, the landlord
674	674	shall make available to the applicant printed notice of the
675	675	landlord's tenant selection criteria and the grounds for which the
676	676	rental application may be denied, including the applicant's:
677	677	(1) criminal history;
678	678	(2) previous rental history;
679	679	(3) current income;
680	680	(4) credit history; or
681	681	(5) failure to provide accurate or complete
682	682	information on the application form.
683	683	(a-1) The printed notice must state in writing that the
684	684	applicant may provide evidence showing:
685	685	(1) the inaccuracies in the applicant's criminal
686	686	history;
687	687	(2) the applicant's rehabilitation or rehabilitative
688	688	effort while incarcerated or after release; or
689	689	(3) other mitigating factors.
690	690	SECTION 21. Section 92.354, Property Code, is amended to
691	691	read as follows:
692	692	Sec. 92.354. LIABILITY OF LANDLORD. (a) A landlord who in
693	693	bad faith fails to refund an application fee or deposit in violation
694	694	of this subchapter is liable for an amount equal to the sum of $100,
695	695	three times the amount wrongfully retained, and the applicant's
696	696	reasonable attorney's fees.
697	697	(b) A landlord who violates Section 92.356 is liable for an
698	698	amount equal to the sum of $500 and the applicant's reasonable
699	699	attorney's fees.
700	700	SECTION 22. Subchapter I, Chapter 92, Property Code, is
701	701	amended by adding Section 92.356 to read as follows:
702	702	Sec. 92.356. CRIMINAL RECORD SCREENING. (a) A landlord
703	703	screening an applicant's criminal history may not inquire about or
704	704	consider a previous arrest of the applicant if the arrest did not
705	705	result in a conviction.
706	706	(b) Before making a conditional offer, a landlord may not
707	707	inquire about or require an applicant to disclose or reveal a
708	708	pending criminal charge.
709	709	(c) Notwithstanding Subsection (b), a landlord may require
710	710	an applicant to authorize the landlord to perform an inquiry or any
711	711	other check related to the landlord's tenant selection criteria in
712	712	deciding whether to rent or lease to an applicant.
713	713	(d) After making a conditional offer, a landlord screening
714	714	an applicant's criminal history may not consider a criminal
715	715	conviction that occurred more than three years before the date of
716	716	the conditional offer.
717	717	(e) A landlord may withdraw a conditional offer based on an
718	718	applicant's criminal conviction that occurred less than three years
719	719	before the date of the conditional offer only if the landlord
720	720	determines the withdrawal achieves a substantial, legitimate,
721	721	nondiscriminatory interest. The landlord's determination must be
722	722	reasonable after consideration of:
723	723	(1) the nature and severity of the criminal offense;
724	724	(2) the age of the applicant at the time of the
725	725	occurrence of the criminal offense;
726	726	(3) the time elapsed since the occurrence of the
727	727	criminal offense;
728	728	(4) any information the applicant produced, or
729	729	produced on the applicant's behalf, in regard to the applicant's
730	730	rehabilitation and good conduct since the occurrence of the
731	731	criminal offense;
732	732	(5) the degree to which the criminal offense, if it
733	733	reoccurred, would negatively impact the safety of the landlord's
734	734	other tenants or property; and
735	735	(6) whether the criminal offense occurred on or was
736	736	connected to property the applicant rented or leased.
737	737	(f) The landlord may not have a policy to ban renting or
738	738	leasing to tenants with a criminal conviction history. A
739	739	determination to withdraw a conditional offer must be based on an
740	740	individualized assessment considering the factors described by
741	741	Subsection (e).
742	742	(g) If a landlord withdraws a conditional offer, the
743	743	landlord shall provide the applicant with written notification that
744	744	includes, with specificity, the reasons for the withdrawal. Not
745	745	later than the 20th day after the date notice is provided, the
746	746	applicant may request that the landlord provide the applicant a
747	747	copy of all information on which the landlord relied in considering
748	748	the applicant, including criminal records. A landlord shall
749	749	provide the information, free of charge, not later than the 10th day
750	750	after the date the request is received.
751	751	(h) This section may not be construed to allow a landlord to
752	752	inquire about or require an applicant to disclose:
753	753	(1) a pending criminal accusation against any
754	754	prospective tenant; or
755	755	(2) a finding that a child, as defined by Section
756	756	51.02, Family Code, who will reside in the rental unit, engaged in
757	757	delinquent conduct or conduct indicating a need for supervision.
758	758	(i) This section does not apply:
759	759	(1) to a landlord who owns and occupies a multiunit
760	760	complex that has three or fewer dwelling units; or
761	761	(2) if a federal law or regulation or other law:
762	762	(A) requires the consideration of an applicant's
763	763	criminal history for the purposes of obtaining housing; or
764	764	(B) allows for denial of an applicant due to
765	765	certain criminal convictions.
766	766	SECTION 23. Section 94.251, Property Code, is amended to
767	767	read as follows:
768	768	Sec. 94.251. RETALIATION BY LANDLORD. (a) A landlord may
769	769	not retaliate against a tenant by taking an action described by
770	770	Subsection (b) because the tenant:
771	771	(1) in good faith exercises or attempts to exercise
772	772	against a landlord a right or remedy granted to the tenant by the
773	773	lease agreement, a municipal ordinance, or a federal or state
774	774	statute;
775	775	(2) gives the landlord a notice to repair or exercise a
776	776	remedy under this chapter; [or]
777	777	(3) complains to a governmental entity responsible for
778	778	enforcing building or housing codes, a public utility, or a civic or
779	779	nonprofit agency, and the tenant:
780	780	(A) claims a building or housing code violation
781	781	or utility problem; and
782	782	(B) believes in good faith that the complaint is
783	783	valid and that the violation or problem occurred; or
784	784	(4) establishes, attempts to establish, or
785	785	participates in a tenant organization.
786	786	(b) A landlord may not, because [within six months after the
787	787	date] of the tenant's action under Subsection (a), retaliate
788	788	against the tenant by:
789	789	(1) filing an eviction proceeding, except for the
790	790	grounds stated by Subchapter E;
791	791	(2) depriving the tenant of the use of the premises,
792	792	except for reasons authorized by law;
793	793	(3) decreasing services to the tenant;
794	794	(4) increasing the tenant's rent;
795	795	(5) terminating the tenant's lease agreement; or
796	796	(6) engaging, in bad faith, in a course of conduct that
797	797	materially interferes with the tenant's rights under the tenant's
798	798	lease agreement.
799	799	SECTION 24. Sections 92.0081(c), (d), (e), (e-1), (f), (g),
800	800	(i), and (k), Property Code, are repealed.
801	801	SECTION 25. The changes in law made by this Act apply only
802	802	to a lease or rental agreement entered into or renewed on or after
803	803	the effective date of this Act. A lease or rental agreement entered
804	804	into or renewed before the effective date of this Act is governed by
805	805	the law in effect immediately before the effective date of this Act,
806	806	and the former law is continued in effect for that purpose.
807	807	SECTION 26. Not later than January 1, 2026, the Texas
808	808	Supreme Court shall adopt the rules necessary to implement Sections
809	809	24.012 and 24.013, Property Code, as added by this Act.
810	810	SECTION 27. (a) Except as provided by Subsection (b) of
811	811	this section, this Act takes effect January 1, 2026.
812	812	(b) Section 26 of this Act takes effect September 1, 2025.