Bill Text: TX HB1690 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a residential landlord's duty regarding the provision of certain information.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2023-04-03 - Left pending in committee [HB1690 Detail]
Download: Texas-2023-HB1690-Introduced.html
88R7717 PRL-D | ||
By: Gervin-Hawkins | H.B. No. 1690 |
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relating to a residential landlord's duty regarding the provision | ||
of certain information. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 92.020, Property Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) If a telephone number provided by a landlord to a tenant | ||
under Subsection (a) or (d) becomes incorrect, the landlord shall: | ||
(1) if Subsection (a) applies to the landlord, post a | ||
notice of the change, including the correct telephone number, in | ||
the manner required by Subsection (b) not later than 24 hours after | ||
the time the telephone number becomes incorrect; and | ||
(2) regardless of whether Subsection (a) applies to | ||
the landlord, give notice of the change, including the correct | ||
telephone number, to the tenant in the tenant's primary language: | ||
(A) by any method within 24 hours after the time | ||
the telephone number becomes incorrect; and | ||
(B) in writing not later than the third day after | ||
the day the telephone number becomes incorrect: | ||
(i) in a paper format by mail or delivered | ||
in person; | ||
(ii) in an electronic format if requested | ||
by the tenant; or | ||
(iii) by e-mail if the landlord and tenant | ||
have communicated by e-mail. | ||
SECTION 2. The heading to Section 92.201, Property Code, is | ||
amended to read as follows: | ||
Sec. 92.201. DISCLOSURE OF OWNERSHIP AND MANAGEMENT; | ||
CONTACT INFORMATION. | ||
SECTION 3. Sections 92.201(a) and (e), Property Code, are | ||
amended to read as follows: | ||
(a) A landlord shall disclose to a tenant, or to any | ||
government official or employee acting in an official capacity, | ||
according to this subchapter: | ||
(1) the name and either a street or post office box | ||
address of the holder of record title, according to the deed records | ||
in the county clerk's office, of the dwelling rented by the tenant | ||
or inquired about by the government official or employee acting in | ||
an official capacity; [ |
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(2) if an entity located off-site from the dwelling is | ||
primarily responsible for managing the dwelling, the name and | ||
street address of the management company; and | ||
(3) a telephone number, e-mail address, or other | ||
reasonable method for contacting the landlord or management company | ||
during normal business hours. | ||
(e) A correction to the information disclosed to a | ||
government official or employee under this section may be made by | ||
any of the methods authorized for providing the information. | ||
SECTION 4. Section 92.203, Property Code, is amended to | ||
read as follows: | ||
Sec. 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION | ||
PROVIDED TO TENANT. (a) A landlord who has provided information | ||
under [ |
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is liable to a tenant according to this subchapter if: | ||
(1) the information becomes incorrect because a name, | ||
[ |
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contact changes; and | ||
(2) the landlord fails to correct the information as | ||
required by Subsection (b) [ |
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(b) If information provided by a landlord to a tenant | ||
becomes incorrect as described by Subsection (a)(1), a landlord | ||
shall give notice of the change, including the correct information, | ||
in the tenant's primary language: | ||
(1) by any method within 48 hours after the time the | ||
information becomes incorrect; and | ||
(2) in writing not later than the seventh business day | ||
after the day the information becomes incorrect: | ||
(A) in a paper format by mail or delivered in | ||
person; | ||
(B) in an electronic format if requested by the | ||
tenant; or | ||
(C) by e-mail if the landlord and tenant have | ||
communicated by e-mail. | ||
SECTION 5. Section 92.204, Property Code, is amended to | ||
read as follows: | ||
Sec. 92.204. BAD FAITH VIOLATION. A landlord acts in bad | ||
faith and is liable according to this subchapter if the landlord | ||
gives an incorrect name, [ |
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address, or other method of contact under [ |
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Section 92.201(a) [ |
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(1) disclosing incorrect information under Section | ||
92.201(b)(1) or (2) or Section 92.201(d); or | ||
(2) failing to correct information given under Section | ||
92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is | ||
incorrect. | ||
SECTION 6. (a) The changes in law made by this Act to | ||
Sections 92.201(a) and 92.204, Property Code, apply only to | ||
disclosure of contact information made on or after the effective | ||
date of this Act. Disclosure of contact information made before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the disclosure was made, and that law is continued in effect | ||
for that purpose. | ||
(b) The change in law made by this Act to Section 92.203, | ||
Property Code, applies only to liability for failure to correct | ||
contact information given on or after the effective date of this | ||
Act. Liability for failure to correct contact information given | ||
before the effective date of this Act is governed by the law in | ||
effect when the contact information was given, and that law is | ||
continued in effect for that purpose. | ||
SECTION 7. This Act takes effect September 1, 2023. |