HB 320
AN ACT relating to a residential landlord's and tenant's duties regarding
House Bill
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to a residential landlord's and tenant's duties regarding
Subject Areas
Bill Text
relating to a residential landlord's and tenant's duties 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 Subsections (e), (f), and (g) to read as follows: (e) Not later than the second business day after the date that a landlord becomes aware that a telephone number provided by the landlord to a tenant under Subsection (a) or (d) becomes (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); and (2) regardless of whether Subsection (a) applies to the landlord, give written notice of the change, including the correct telephone number, to the tenant in the same language as the (A) mail or personal delivery; (B) electronic means other than e-mail, including by text message or through an online portal to which the (i) previously communicated with the (ii) provided an e-mail address to the (f) The tenant of a landlord who violates Subsection (e) may obtain a court order requiring the landlord to provide a correct telephone number in accordance with this section. (g) Notwithstanding Subsections (e) and (f), if a state of disaster declared by the governor under Section 418.014, Government Code, interferes with a landlord's ability to provide a correct telephone number in accordance with this section, the landlord may provide the telephone number at any time on or before the 30th day after the date the state of disaster is declared. SECTION 2. Subchapter A, Chapter 92, Property Code, is amended by adding Section 92.0201 to read as follows: Sec. 92.0201. TENANT'S DUTY TO PROVIDE CONTACT INFORMATION. (a) A tenant shall provide contact information, including a telephone number and e-mail address, as applicable, to the landlord within a reasonable time after the beginning of the lease term. (b) Not later than the second business day after the date that a tenant becomes aware that information provided by the tenant to the landlord under Subsection (a) becomes incorrect, the tenant shall give written notice of the change, including the correct information, to the landlord by: (1) mail or personal delivery; (2) electronic means other than e-mail, including by text message or through an online portal to which the tenant has (A) previously communicated with the landlord by (B) provided the applicable electronic contact information to the landlord; or (3) e-mail, if the tenant has: (A) previously communicated with the landlord by (B) provided an e-mail address to the landlord. (c) Notwithstanding any other law, a tenant is not entitled to a remedy under Section 92.020(f) or 92.205(a) unless the tenant is in compliance with this section. SECTION 3. The heading to Section 92.201, Property Code, is Sec. 92.201. DISCLOSURE OF OWNERSHIP AND MANAGEMENT; SECTION 4. Sections 92.201(a) and (e), Property Code, are (a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, (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 (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 (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 5. Section 92.203, Property Code, is amended to Sec. 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION PROVIDED TO TENANT. 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 (2) the landlord fails to correct the information 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 SECTION 6. Section 92.204, Property Code, is amended to 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 SECTION 7. Section 92.205, Property Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as (a) Subject to Subsection (a-1), a [A] tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies: (1) a court order directing the landlord to make a disclosure required by this subchapter; (2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter; (3) a judgment against the landlord for one month's (4) a judgment against the landlord for court costs (5) unilateral termination of the lease without a (a-1) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 is entitled to: (1) one or more of the remedies available under Subsection (a), if the tenant suffers damages caused by the landlord's failure to make a disclosure required by this (2) only the remedy available under Subsection (a)(1), if the tenant does not suffer damages caused by the landlord's failure to make a disclosure required by this subchapter. SECTION 8. (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 (b) The changes in law made by this Act to Sections 92.203 and 92.205, Property Code, apply 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 9. This Act takes effect September 1, 2025.
Bill History
filed
Bill filed: AN ACT relating to a residential landlord's and tenant's duties regarding
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