Bill Text: TX HB970 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to notice requirements for a leased dwelling located in a floodplain.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2019-05-14 - Referred to Business & Commerce [HB970 Detail]
Download: Texas-2019-HB970-Engrossed.html
| 86R30715 NC-F | ||
| By: Walle | H.B. No. 970 | |
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| relating to notice requirements for a leased dwelling located in a | ||
| floodplain. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 92, Property Code, is | ||
| amended by adding Section 92.0132 to read as follows: | ||
| Sec. 92.0132. NOTICE FOR DWELLING LOCATED IN FLOODPLAIN. | ||
| (a) In this section: | ||
| (1) "100-year floodplain" means any area of land | ||
| designated as a flood hazard area with a one percent or greater | ||
| chance of flooding each year by the Federal Emergency Management | ||
| Agency under the National Flood Insurance Act of 1968 (42 U.S.C. | ||
| Section 4001 et seq.). | ||
| (2) "Flooding" means a general or temporary condition | ||
| of partial or complete inundation of a dwelling caused by: | ||
| (A) the overflow of inland or tidal waters; | ||
| (B) the unusual and rapid accumulation of runoff | ||
| or surface waters from any established water source such as a river, | ||
| stream, or drainage ditch; or | ||
| (C) a ponding of water at or near the place where | ||
| heavy or excessive rain fell. | ||
| (b) A landlord shall provide to a tenant a written notice | ||
| substantially equivalent to the following: | ||
| "(Landlord) ( ) is or ( ) is not aware that the dwelling you | ||
| are renting is located in a 100-year floodplain. If neither box is | ||
| checked, you should assume the dwelling is in a 100-year | ||
| floodplain. Even if the dwelling is not in a 100-year floodplain, | ||
| the dwelling may still be susceptible to flooding. The Federal | ||
| Emergency Management Agency (FEMA) maintains a flood map on its | ||
| website that is searchable by address, at no cost, to determine if a | ||
| dwelling is located in a flood hazard area. Most tenant insurance | ||
| policies do not cover damages or loss incurred in a flood. You | ||
| should seek insurance coverage that would cover losses caused by a | ||
| flood." | ||
| (c) Notwithstanding Subsection (b), a landlord is not | ||
| required to disclose on the notice that the landlord is aware that a | ||
| dwelling is located in a 100-year floodplain if the elevation of the | ||
| dwelling is raised above the 100-year floodplain flood levels in | ||
| accordance with federal regulations. | ||
| (d) If a landlord knows that flooding has damaged any | ||
| portion of a dwelling at least once during the five-year period | ||
| immediately preceding the effective date of the lease, the landlord | ||
| shall provide a written notice to a tenant that is substantially | ||
| equivalent to the following: | ||
| "(Landlord) ( ) is or ( ) is not aware that the dwelling you | ||
| are renting has flooded at least once within the last five years." | ||
| (e) The notices required by Subsections (b) and (d) must be | ||
| included in a separate written document given to the tenant before | ||
| execution of the lease. | ||
| (f) If a landlord violates this section and a tenant suffers | ||
| a substantial loss or damage to the tenant's personal property as a | ||
| result of flooding, the tenant may terminate the lease by giving a | ||
| written notice of termination to the landlord not later than the | ||
| 30th day after the date the loss or damage occurred. Termination of | ||
| a lease under this subsection is effective when the tenant | ||
| surrenders possession of the dwelling. | ||
| (g) Not later than the 30th day after the effective date of | ||
| the termination of a lease under Subsection (f), the landlord shall | ||
| refund to the tenant all rent or other amounts paid in advance under | ||
| the lease for any period after the effective date of the termination | ||
| of the lease. | ||
| (h) This section does not affect a tenant's liability for | ||
| delinquent, unpaid rent or other sums owed to the landlord before | ||
| the date the lease was terminated by the tenant under this section. | ||
| SECTION 2. Section 92.0132, Property Code, as added by this | ||
| Act, applies only to a lease agreement entered into or renewed on or | ||
| after the effective date of this Act. | ||
| SECTION 3. This Act takes effect January 1, 2020. | ||
