Bill Text: TX SB485 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the duties of care of certain landlords regarding disasters.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-11-22 - Filed [SB485 Detail]
Download: Texas-2025-SB485-Introduced.html
| 89R7679 AJA-D | ||
| By: Alvarado, et al. | S.B. No. 485 | |
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| relating to the duties of care of certain landlords regarding | ||
| disasters. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 92, Property Code, is amended by adding | ||
| Subchapter J to read as follows: | ||
| SUBCHAPTER J. LANDLORD'S DUTIES OF CARE REGARDING DISASTERS | ||
| Sec. 92.401. DEFINITIONS. In this subchapter: | ||
| (1) "Authorized resident" means a tenant or an | ||
| individual who is authorized by a lease to occupy a dwelling but who | ||
| is not obligated under the lease to pay rent. | ||
| (2) "Child," "disabled individual," and "elderly | ||
| individual" have the meanings assigned by Section 22.04, Penal | ||
| Code. | ||
| (3) "Disaster" has the meaning assigned by Section | ||
| 418.004, Government Code. | ||
| (4) "Landlord" and "multiunit complex" have the | ||
| meanings assigned by Section 92.151. | ||
| Sec. 92.402. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
| applies only to the landlord of a multiunit complex in which any | ||
| authorized resident is an elderly individual, disabled individual, | ||
| or child. | ||
| Sec. 92.403. DUTIES OF CARE. (a) A landlord to whom this | ||
| subchapter applies has the following duties of care: | ||
| (1) a duty to take all reasonable and necessary | ||
| precautions to protect residents of the multiunit complex from | ||
| foreseeable harm during a disaster; | ||
| (2) a duty to understand and prepare for conditions | ||
| that are more likely to affect an elderly or disabled individual or | ||
| child during a disaster, such as the need for mobility assistance | ||
| during evacuation or the need to access medication or medical | ||
| support; | ||
| (3) a duty to ensure that the staff of the complex are | ||
| trained and available to assist with resident needs during a | ||
| disaster; | ||
| (4) a duty to inform residents about dangers that may | ||
| arise in a disaster and provide instruction on how to respond to | ||
| those dangers; and | ||
| (5) a duty not to abandon the complex during a disaster | ||
| unless a mandatory evacuation of the area has been ordered under | ||
| Section 418.185, Government Code. | ||
| (b) The duty described by Subsection (a)(4) includes a duty | ||
| to implement a reliable system to alert residents of imminent | ||
| dangers and to provide clear and accessible information about | ||
| disaster plans and evacuation procedures. | ||
| Sec. 92.404. CAUSE OF ACTION. An authorized resident may | ||
| bring an action to recover damages resulting from a landlord's | ||
| breach of a duty of care imposed by Section 92.403. | ||
| Sec. 92.405. EFFECT ON OTHER DUTIES. Nothing in this | ||
| subchapter affects a duty of a landlord that exists under other law. | ||
| SECTION 2. This Act takes effect September 1, 2025. | ||
