Bill Text: TX SB1418 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to a landlord's duty to maintain property and casualty insurance coverage for loss of or damage to a leased premises.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-16 - Referred to Business & Commerce [SB1418 Detail]
Download: Texas-2017-SB1418-Introduced.html
| 85R12717 PMO-D | ||
| By: West | S.B. No. 1418 | |
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| relating to a landlord's duty to maintain property and casualty | ||
| insurance coverage for loss of or damage to a leased premises. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 92.054, Property Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) A landlord shall obtain and maintain coverage under a | ||
| property and casualty insurance policy that provides coverage for | ||
| loss of or damage to a leased premises. The policy must provide | ||
| replacement cost coverage. | ||
| SECTION 2. Subchapter B, Chapter 92, Property Code, is | ||
| amended by adding Section 92.063 to read as follows: | ||
| Sec. 92.063. TENANT'S REMEDY FOR LANDLORD'S FAILURE TO | ||
| MAINTAIN INSURANCE. (a) A landlord is liable to a tenant for | ||
| failure to maintain insurance if: | ||
| (1) the property leased by the tenant suffers a | ||
| casualty loss or damage caused by a peril for which the landlord | ||
| could have obtained coverage under a property and casualty | ||
| insurance policy and for which the landlord did not maintain | ||
| coverage in accordance with Section 92.054(a-1); and | ||
| (2) the tenant is displaced because of the casualty | ||
| loss or damage. | ||
| (b) A landlord who is liable to a tenant under Subsection | ||
| (a) shall pay to the tenant all reasonable expenses related to the | ||
| tenant's relocation as a result of the displacement described by | ||
| Subsection (a)(2) to a dwelling comparable to the damaged premises | ||
| under comparable lease terms. | ||
| SECTION 3. Sections 92.054(a-1) and 92.063, Property Code, | ||
| as added by this Act, apply only to loss or damage that occurs on or | ||
| after the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
