Miles Bill Lets Prosecutors Sue Slumlords, In Counties Over 1 Million

The text as introduced · 813 words

90R3272 SCR-F

By: Miles
S.B. No. 321

A BILL TO BE ENTITLED

AN ACT

relating to an action to remedy certain conditions affecting safety

or habitability of certain residential rental property; providing a

civil penalty.

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

SECTION 1. Title 4, Property Code, is amended by adding

Chapter 32 to read as follows:

CHAPTER 32. ACTION TO REMEDY CONDITIONS AFFECTING SAFETY OR

HABITABILITY OF CERTAIN RESIDENTIAL RENTAL PROPERTY

Sec. 32.001. DEFINITION. In this chapter, "residential

rental property" means a dwelling unit, as defined by Section

92.251, leased to a tenant and any common area that the tenant may

access under the lease.

Sec. 32.002. APPLICABILITY. This chapter applies only to

residential rental property located in an unincorporated area of a

county with a population greater than one million.

Sec. 32.003. CERTAIN CONDITIONS PROHIBITED. (a) A

landlord may not maintain residential rental property to which this

chapter applies in an unsafe, unsanitary, or uninhabitable

condition.

(b) For purposes of this section, residential rental

property is maintained in an unsafe, unsanitary, or uninhabitable

condition if:

(1) the property substantially lacks any of the

following features installed and maintained in a manner that

conforms to applicable law and that are kept in good working order:

(A) appliances;

(B) waterproofing and weather protection of the

roof and exterior walls;

(C) intact doors and windows with functioning

locks or other security devices;

(D) plumbing facilities and, if present and

necessary, gas facilities;

(E) running hot and cold water and sewage

disposal;

(F) heating and air conditioning;

(G) electrical lighting and power; or

(H) a sufficient number of exterior garbage

receptacles;

(2) common areas of the property are not kept

reasonably clean, sanitary, and safe;

(3) the property is infested by rodents, insects, or

other vermin and is not reasonably treated for the infestation;

(4) any floors, stairways, or railings are not

maintained in good repair;

(5) the property:

(A) contains harmful mold; or

(B) has a condition causing dampness to an extent

that, if not remedied, would materially interfere with the health

and safety of a tenant;

(6) the property is not maintained in compliance with

applicable laws or codes in a manner causing a material risk to the

health or safety of a tenant; or

(7) the property has any other condition that may

cause a material risk to the health and safety of a tenant.

Sec. 32.004. NOTICE OF VIOLATION. (a) Except as provided

by Subsection (b), before bringing an action against a landlord

under this chapter, a district attorney or county attorney must

send written notice to the landlord describing any condition listed

in Section 32.003 affecting the landlord's residential rental

property and notifying the landlord that the landlord must remedy

the condition not later than the 30th day after the date of

receiving notice.

(b) Notice under this section is not required if such an

emergency exists that immediate and irreparable injury, loss, or

damage would occur as a result of delay in obtaining a temporary

restraining order.

Sec. 32.005. ENFORCEMENT ACTION. (a) The district

attorney or county attorney may bring an action in the name of the

county against the landlord to restrain by temporary restraining

order, temporary injunction, or permanent injunction a violation of

Section 32.003.

(b) The remediation of a condition of residential rental

property after receipt of a notice under Section 32.004 does not

cause an action under this section to become moot, and injunctive

relief is available in the action to restrain the condition

described in the notice.

(c) In an action under this section, the district attorney

or county attorney may recover from the landlord a civil penalty in

an amount not to exceed $100 for each day on which the violation

that is the subject of the action exists. In determining the amount

of the violation, the court shall consider the seriousness of the

violation.

(d) A county shall deposit 75 percent of any penalty

recovered under this section into the general fund of the county and

25 percent into the general revenue fund of the state.

(e) In an action under this section, the court may make any

additional orders or judgments necessary to compensate

identifiable persons for actual damages resulting from the

condition that is the subject of the action or restore money or

property expended to remedy the condition, so long as the damages or

expenditures were not incurred more than four years before the

commencement of the action.

(f) An action under this section must be brought not later

than the later of:

(1) four years after the date on which the condition

that is the subject of the action began; or

(2) four years after the date on which a tenant

discovered or in the exercise of reasonable diligence should have

discovered the condition.

SECTION 2. This Act takes effect September 1, 2027.