Bill Text: TX HB2592 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to a landlord's duty to provide and maintain a functioning air conditioning system or unit in an apartment.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2023-03-13 - Referred to Business & Industry [HB2592 Detail]

Download: Texas-2023-HB2592-Introduced.html

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88R9945 KBB-D
By: Cole H.B. No. 2592

A BILL TO BE ENTITLED
AN ACT
relating to a landlord's duty to provide and maintain a functioning
air conditioning system or unit in an apartment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.006, Property Code, is amended by
adding Subsection (i) to read as follows:
(i) A landlord's duty under Section 92.027 to provide and
maintain a functioning air conditioning system or unit in an
apartment unit may not be waived.
SECTION 2. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.027 to read as follows:
Sec. 92.027. LANDLORD'S DUTY TO PROVIDE AIR CONDITIONING IN
APARTMENT UNIT. A landlord shall provide and maintain in an
apartment unit an air conditioning system or unit in good operating
condition that maintains inside the apartment unit a temperature
equal to the lower of:
(1) 85 degrees Fahrenheit; or
(2) 10 degrees Fahrenheit below the recorded
temperature outside of the apartment unit.
SECTION 3. Section 92.052(a), Property Code, is amended to
read as follows:
(a) A landlord shall make a diligent effort to repair or
remedy a condition if:
(1) the tenant specifies the condition in a notice to
the person to whom or to the place where rent is normally paid;
(2) the tenant is not delinquent in the payment of rent
at the time notice is given; and
(3) the condition:
(A) materially affects the physical health or
safety of an ordinary tenant; or
(B) arises from the landlord's failure to provide
and maintain in good operating condition:
(i) a device to supply hot water of a
minimum temperature of 120 degrees Fahrenheit; or
(ii) an air conditioning system or unit as
required by Section 92.027.
SECTION 4. Section 92.056, Property Code, is amended by
amending Subsections (b) and (d) and adding Subsections (h) and (i)
to read as follows:
(b) A landlord is liable to a tenant as provided by this
subchapter if:
(1) the tenant has given the landlord notice to repair
or remedy a condition by giving that notice to the person to whom or
to the place where the tenant's rent is normally paid;
(2) the condition:
(A) materially affects the physical health or
safety of an ordinary tenant; or
(B) arises from the landlord's failure to provide
and maintain in good operating condition an air conditioning system
or unit as required by Section 92.027;
(3) the tenant has given the landlord a subsequent
written notice to repair or remedy the condition after a reasonable
time to repair or remedy the condition following the notice given
under Subdivision (1) or the tenant has given the notice under
Subdivision (1) by sending that notice by certified mail, return
receipt requested, by registered mail, or by another form of mail
that allows tracking of delivery from the United States Postal
Service or a private delivery service;
(4) the landlord has had a reasonable time to repair or
remedy the condition after the landlord received the tenant's
notice under Subdivision (1) and, if applicable, the tenant's
subsequent notice under Subdivision (3);
(5) the landlord has not made a diligent effort to
repair or remedy the condition after the landlord received the
tenant's notice under Subdivision (1) and, if applicable, the
tenant's notice under Subdivision (3); and
(6) the tenant was not delinquent in the payment of
rent at the time any notice required by this subsection was given.
(d) For purposes of Subsection (b)(3) or (4), in determining
whether a period of time is a reasonable time to repair or remedy a
condition, there is a rebuttable presumption that seven days is a
reasonable time, except that five days is a reasonable time if the
condition arises from the landlord's failure to provide and
maintain in good operating condition an air conditioning system or
unit as required by Section 92.027. To rebut that presumption, the
date on which the landlord received the tenant's notice, the
severity and nature of the condition, and the reasonable
availability of materials and labor and of utilities from a utility
company must be considered.
(h) If a landlord is liable to a tenant under Subsection
(b)(2)(B), the landlord shall provide at no cost to the tenant:
(1) a portable air conditioning unit that maintains
the temperature required by Section 92.027; or
(2) alternative housing accommodations maintained at
the temperature required by Section 92.027.
(i) For purposes of Subsection (h), a portable air
conditioning unit may be a portable window or floor unit or an
evaporative cooler. The term does not include a portable fan that
is not designed to lower the temperature of air in an enclosed
space.
SECTION 5. The changes in law made by this Act apply only to
a residential lease or rental agreement entered into or renewed on
or after the effective date of this Act. A residential lease or
rental agreement entered into or renewed before the effective date
of this Act is governed by the law applicable to the lease or rental
agreement immediately before that date, and the former law is
continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2023.