landlords using your likeness must offer an opt-out

The text as introduced · 313 words

89R9337 JBD-D

By: Simmons
H.B. No. 2907

A BILL TO BE ENTITLED

AN ACT

relating to the use by a landlord or landlord's manager or agent of

a tenant's name or likeness for a commercial purpose.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 92, Property Code, is

amended by adding Section 92.027 to read as follows:

Sec. 92.027. LANDLORD'S USE OF TENANT'S NAME OR LIKENESS.

(a) This section applies to a provision in a lease or other

agreement that purports to authorize the landlord or the landlord's

manager or agent to publish for any commercial purpose the name or

likeness of the tenant or any dependent residing with the tenant.

(b) A provision to which this section applies must provide a

tenant the opportunity to opt out of the authorization.

(c) An authorization granted by a provision to which this

section applies is effective only during the tenant's lease term.

(d) Any provision in a lease or other agreement entered into

in violation of this section or the terms of which violate this

section is void.

(e) If a landlord or landlord's manager or agent obtains a

tenant's agreement to a provision in a lease or other agreement in

violation of this section, or uses a tenant's name or likeness

pursuant to a provision that is void under this section, the tenant

is entitled to recover from or against the landlord or manager or

agent of the landlord:

(1) an amount equal to one month's rent;

(2) injunctive relief; and

(3) reasonable attorney's fees incurred by the tenant

in seeking enforcement of this section.

SECTION 2. Section 92.027, Property Code, as added by this

Act, applies to a lease or other agreement entered into or renewed

on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.