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