Relating to a residential landlord's and tenant's duties regarding the provision of certain information.

The text as introduced · 1,262 words

89R3614 JBD-D

By: Gervin-Hawkins
H.B. No. 320

A BILL TO BE ENTITLED

AN ACT

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

incorrect, the landlord shall:

(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

lease signed by the tenant by:

(A) mail or personal delivery;

(B) electronic means other than e-mail,

including by text message or through an online portal to which the

tenant has access; or

(C) e-mail if the tenant has:

(i) previously communicated with the

landlord by e-mail; or

(ii) provided an e-mail address to the

landlord.

(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

access, if the tenant has:

(A) previously communicated with the landlord by

the electronic means; or

(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

e-mail; or

(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

amended to read as follows:

Sec. 92.201. DISCLOSURE OF OWNERSHIP AND MANAGEMENT ;

CONTACT INFORMATION .

SECTION 4. Sections 92.201(a) and (e), Property Code, are

amended to read as follows:

(a) A landlord shall disclose to a tenant, or to any

government official or employee acting in an official capacity,

according to this subchapter:

(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

an official capacity; [ and ]

(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

during normal business hours .

(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

read as follows:

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

or address changes ]; and

(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

within seven days.

SECTION 6. Section 92.204, Property Code, is amended to

read as follows:

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

incorrect.

SECTION 7. Section 92.205, Property Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(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

rent plus $100;

(4) a judgment against the landlord for court costs

and attorney's fees; and

(5) unilateral termination of the lease without a

court proceeding.

(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

subchapter; or

(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

for that purpose.

(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.