Bill Text: TX SB1815 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to notice to a prospective residential tenant regarding a dwelling that is located in a floodplain or that has been damaged by flooding.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2019-03-18 - Referred to Business & Commerce [SB1815 Detail]
Download: Texas-2019-SB1815-Introduced.html
| 86R11881 NC-D | ||
| By: Whitmire | S.B. No. 1815 | |
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| relating to notice to a prospective residential tenant regarding a | ||
| dwelling that is located in a floodplain or that has been damaged by | ||
| flooding. | ||
| 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 REGARDING FLOODPLAIN OR FLOOD | ||
| DAMAGE. (a) In this section: | ||
| (1) "Floodplain" means any area of land that is | ||
| located in a 100-year floodplain as determined by the most recent | ||
| flood hazard map published by the Federal Emergency Management | ||
| Agency under the National Flood Insurance Act of 1968 (42 U.S.C. | ||
| Section 4001 et seq.). | ||
| (2) "Residential property" means real property | ||
| containing one or more dwelling units. | ||
| (b) This section applies only to a landlord who offers a | ||
| residential property for lease knowing that: | ||
| (1) the property is located in a floodplain; or | ||
| (2) a structure on the property has previously | ||
| received water penetration from a flood caused by rainfall that | ||
| occurred during the four years preceding the date of the lease. | ||
| (c) Before entering into a lease with a prospective tenant, | ||
| a landlord or landlord's representative must inform the prospective | ||
| tenant in a written notice, signed by the landlord and the | ||
| prospective tenant, that, based on the landlord's knowledge and as | ||
| applicable: | ||
| (1) the residential property that is the subject of | ||
| the lease is located in a floodplain; or | ||
| (2) a structure on the property has previously | ||
| received water penetration from a flood caused by rainfall that | ||
| occurred during the four years preceding the date of the lease. | ||
| (d) If a landlord or a landlord's representative fails to | ||
| provide the notice required by Subsection (c) and a tenant suffers | ||
| loss of or damage to the tenant's personal property located on the | ||
| residential property as a result of a flood caused by rainfall, the | ||
| tenant may maintain possession of the premises under the terms of | ||
| the lease or, after the 10th day after the date the tenant provides | ||
| notice to terminate the lease to the landlord or the landlord's | ||
| representative, may terminate the lease. Regardless of whether the | ||
| tenant terminates the lease, the tenant is entitled to recover | ||
| damages and reasonable attorney's fees and court costs from the | ||
| landlord. | ||
| (e) A landlord or landlord's representative commits a | ||
| false, misleading, or deceptive act or practice within the meaning | ||
| of Sections 17.46(a) and (b), Business & Commerce Code, or fraud | ||
| within the meaning of Chapter 27, Business & Commerce Code, by | ||
| failing to provide the notice to a tenant as required by Subsection | ||
| (c). Any remedy under Subchapter E, Chapter 17, Business & Commerce | ||
| Code, or Chapter 27, Business & Commerce Code, is available to the | ||
| tenant. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a lease entered into on or after the effective date of this Act. A | ||
| lease entered into before that date is governed by the law | ||
| applicable to the lease immediately before the effective date of | ||
| this Act, and the former law is continued in effect for that | ||
| purpose. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
