bill requiring working heat and air in apartments

The text as introduced · 887 words

89R2927 CS-D

By: Simmons
H.B. No. 2900

A BILL TO BE ENTITLED

AN ACT

relating to a landlord's duty to provide and maintain in good

operating condition heating and air conditioning equipment in an

apartment unit.

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 in good operating condition heating and air conditioning

equipment 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 HEATING AND AIR

CONDITIONING IN APARTMENT UNIT. A landlord shall provide and

maintain in good operating condition heating and air conditioning

equipment in each apartment unit capable of:

(1) cooling each room of the apartment unit to 65

degrees Fahrenheit; and

(2) heating each room of the apartment unit to 85

degrees Fahrenheit.

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) heating and air conditioning equipment

in the apartment 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 heating and air

conditioning equipment in the apartment 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 heating and air conditioning

equipment in the apartment 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) portable heating and air conditioning equipment

capable of maintaining the temperature as required by Section

92.027; or

(2) alternative housing accommodation furnished with

heating and air conditioning equipment capable of maintaining the

temperature as required by Section 92.027.

(i) For purposes of Subsection (h), portable heating and air

conditioning equipment may be a portable window or floor unit. The

term does not include a portable fan that is not designed to raise

or 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 entered into or renewed on or after the

effective date of this Act. A residential lease 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, 2025.