bill giving some landlords duties during disasters

The text as introduced · 418 words

89R7679 AJA-D

By: Alvarado, et al.
S.B. No. 485

A BILL TO BE ENTITLED

AN ACT

relating to the duties of care of certain landlords regarding

disasters.

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

SECTION 1. Chapter 92, Property Code, is amended by adding

Subchapter J to read as follows:

SUBCHAPTER J. LANDLORD'S DUTIES OF CARE REGARDING DISASTERS

Sec. 92.401. DEFINITIONS. In this subchapter:

(1) "Authorized resident" means a tenant or an

individual who is authorized by a lease to occupy a dwelling but who

is not obligated under the lease to pay rent.

(2) "Child," "disabled individual," and "elderly

individual" have the meanings assigned by Section 22.04, Penal

Code.

(3) "Disaster" has the meaning assigned by Section

418.004, Government Code.

(4) "Landlord" and "multiunit complex" have the

meanings assigned by Section 92.151.

Sec. 92.402. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to the landlord of a multiunit complex in which any

authorized resident is an elderly individual, disabled individual,

or child.

Sec. 92.403. DUTIES OF CARE. (a) A landlord to whom this

subchapter applies has the following duties of care:

(1) a duty to take all reasonable and necessary

precautions to protect residents of the multiunit complex from

foreseeable harm during a disaster;

(2) a duty to understand and prepare for conditions

that are more likely to affect an elderly or disabled individual or

child during a disaster, such as the need for mobility assistance

during evacuation or the need to access medication or medical

support;

(3) a duty to ensure that the staff of the complex are

trained and available to assist with resident needs during a

disaster;

(4) a duty to inform residents about dangers that may

arise in a disaster and provide instruction on how to respond to

those dangers; and

(5) a duty not to abandon the complex during a disaster

unless a mandatory evacuation of the area has been ordered under

Section 418.185, Government Code.

(b) The duty described by Subsection (a)(4) includes a duty

to implement a reliable system to alert residents of imminent

dangers and to provide clear and accessible information about

disaster plans and evacuation procedures.

Sec. 92.404. CAUSE OF ACTION. An authorized resident may

bring an action to recover damages resulting from a landlord's

breach of a duty of care imposed by Section 92.403.

Sec. 92.405. EFFECT ON OTHER DUTIES. Nothing in this

subchapter affects a duty of a landlord that exists under other law.

SECTION 2. This Act takes effect September 1, 2025.