HB320 - Relating to a residential landlord's and tenant's duties regarding the provision of certain information.

  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.