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AN ACT
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relating to certain obligations of and limitations on residential |
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landlords. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.024 to read as follows: |
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Sec. 92.024. LANDLORD'S DUTY TO PROVIDE COPY OF LEASE. |
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(a) Not later than the third business day after the date the lease |
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is signed by each party to the lease, a landlord shall provide at |
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least one complete copy of the lease to at least one tenant who is a |
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party to the lease. |
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(b) If more than one tenant is a party to the lease, not |
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later than the third business day after the date a landlord receives |
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a written request for a copy of a lease from a tenant who has not |
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received a copy of the lease under Subsection (a), the landlord |
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shall provide one complete copy of the lease to the requesting |
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tenant. |
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(c) A landlord's failure to provide a complete copy of the |
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lease as described by Subsection (a) or (b) does not invalidate the |
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lease or, subject to Subsection (d), prevent the landlord from |
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prosecuting or defending a legal action or proceeding to enforce |
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the lease. |
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(d) A landlord may not continue to prosecute and a court |
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shall abate an action to enforce the lease, other than an action for |
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nonpayment of rent, only until the landlord provides to a tenant a |
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complete copy of the lease if the tenant submits to the court |
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evidence in a plea in abatement or otherwise that the landlord |
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failed to comply with Subsection (a) or (b). |
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(e) A landlord may comply with this section by providing to |
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a tenant a complete copy of the lease: |
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(1) in a paper format; |
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(2) in an electronic format if requested by the |
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tenant; or |
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(3) by e-mail if the parties have communicated by |
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e-mail regarding the lease. |
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SECTION 2. Subsection (a), Section 92.331, Property Code, |
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is amended to read as follows: |
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(a) A landlord may not retaliate against a tenant by taking |
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an action described by Subsection (b) because the tenant: |
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(1) in good faith exercises or attempts to exercise |
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against a landlord a right or remedy granted to the tenant by lease, |
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municipal ordinance, or federal or state statute; |
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(2) gives a landlord a notice to repair or exercise a |
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remedy under this chapter; [or] |
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(3) complains to a governmental entity responsible for |
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enforcing building or housing codes, a public utility, or a civic or |
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nonprofit agency, and the tenant: |
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(A) claims a building or housing code violation |
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or utility problem; and |
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(B) believes in good faith that the complaint is |
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valid and that the violation or problem occurred; or |
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(4) establishes, attempts to establish, or |
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participates in a tenant organization. |
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SECTION 3. The changes in law made by Section 92.024, |
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Property Code, as added by this Act, apply only to a lease the |
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effective date of which is on or after the effective date of this |
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Act. A lease the effective date of which is before the effective |
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date of this Act is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect January 1, 2014. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 630 passed the Senate on |
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April 8, 2013, by the following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 630 passed the House on |
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May 14, 2013, by the following vote: Yeas 142, Nays 1, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |