Bill Text: TX HB3556 | 2019-2020 | 86th Legislature | Comm Sub
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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-02 - Committee report sent to Calendars [HB3556 Detail]
Download: Texas-2019-HB3556-Comm_Sub.html
| 86R29892 NC-D | |||
| By: Farrar | H.B. No. 3556 | ||
| Substitute the following for H.B. No. 3556: | |||
| By: Collier | C.S.H.B. No. 3556 | ||
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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 in the | ||
| tenant's leased premises on the residential property and as a | ||
| result of water penetration into the leased premises from a flood | ||
| caused by rainfall, the tenant may: | ||
| (1) maintain possession of the premises under the | ||
| terms of the lease; or | ||
| (2) terminate the lease after the 10th day after the | ||
| date the tenant provides notice to terminate the lease to the | ||
| landlord or the landlord's representative. | ||
| 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. | ||
