88R7717 PRL-D
 
  By: Gervin-Hawkins H.B. No. 1690
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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; [and]
               (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 [Subdivision (2) or (3) of Subsection (b) of] Section 92.201
  is liable to a tenant according to this subchapter if:
               (1)  the information becomes incorrect because a name,
  [or] address, telephone number, e-mail address, or other method of
  contact changes; and
               (2)  the landlord fails to correct the information as
  required by Subsection (b) [on or before the seventh day after the
  date the tenant gives the landlord written notice that the tenant
  may exercise the remedies under this subchapter if the corrected
  information is not provided within seven days].
         (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, [or] address, telephone number, e-mail
  address, or other method of contact under [Subsection (a) of]
  Section 92.201(a) [92.201] by wilfully:
               (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.