HB798 - Relating to certain rights and duties of residential tenants and landlords; increasing the amount of civil penalties.

  89R2892 DRS-F     By: Walle H.B. No. 798       A BILL TO BE ENTITLED   AN ACT   relating to certain rights and duties of residential tenants and   landlords; increasing the amount of civil penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 24.005, Property Code, is   amended to read as follows:          Sec. 24.005.  NOTICE TO CURE DEFAULT FOR NONPAYMENT OF RENT;   NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT.          SECTION 2.  Section 24.005, Property Code, is amended by   amending Subsection (a) and adding Subsections (a-1), (a-2), and   (a-3) to read as follows:          (a)   Except as provided by Subsections (a-1) and (a-2), if   [ If ] the occupant is a tenant under a written lease or oral rental   agreement, the landlord must give a tenant who defaults or holds   over beyond the end of the rental term or renewal period at least   three days' written notice to vacate the premises before the   landlord files a forcible detainer suit, unless the parties have   contracted for a shorter or longer notice period in a written lease   or agreement. A landlord who files a forcible detainer suit on   grounds that the tenant is holding over beyond the end of the rental   term or renewal period must also comply with the tenancy   termination requirements of Section 91.001.           (a-1)     The landlord must give a residential tenant who   defaults for nonpayment of rent 10 days' written notice and an   opportunity to cure the default by paying any delinquent rent   before issuing the notice to vacate under Subsection (a-2). The   written notice must include, in all capital letters in an easily   readable font and type size, the words "YOU ARE IN DEFAULT OF THE   LEASE FOR NONPAYMENT OF RENT. YOU HAVE 10 DAYS AFTER THE DATE THIS   NOTICE WAS DELIVERED TO PAY THE RENT BEFORE A NOTICE TO VACATE MAY   BE ISSUED. CALL THE STATE BAR OF TEXAS TOLL-FREE AT 1-877-9TEXBAR   IF YOU NEED HELP LOCATING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE   AN ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST LEGAL   ASSISTANCE."           (a-2)     After a landlord gives a tenant an opportunity to cure   under Subsection (a-1), the landlord must give the tenant at least   14 days'   written notice to vacate the premises before the landlord   files a forcible detainer suit. The notice to vacate must state the   reason for the notice and must include, in all capital letters in an   easily readable font and type size, the words "THIS IS NOT AN   EVICTION ORDER. THIS IS A DEMAND FOR POSSESSION OF THE PROPERTY.   AN EVICTION CASE MAY BE FILED AGAINST YOU 14 DAYS AFTER THE DATE   THIS NOTICE WAS DELIVERED. CALL THE STATE BAR OF TEXAS TOLL-FREE AT   1-877-9TEXBAR IF YOU NEED HELP LOCATING AN ATTORNEY. IF YOU CANNOT   AFFORD TO HIRE AN ATTORNEY, YOU MAY BE ELIGIBLE FOR FREE OR LOW-COST   LEGAL ASSISTANCE."           (a-3)     If applicable, the written notice to vacate must   inform a residential tenant of the tenant's right to cure the   default for nonpayment of rent under Section 24.00605.          SECTION 3.  Chapter 24, Property Code, is amended by adding   Sections 24.00605, 24.012, 24.013, and 24.014 to read as follows:           Sec.   24.00605.     RESIDENTIAL TENANT'S RIGHT TO CURE BEFORE   WRIT OF POSSESSION EXECUTED. (a)     Except as provided by Subsection   (b), a residential tenant who is in default for nonpayment of rent   under a written or oral lease may cure the default and reinstate the   lease by paying all rent, court costs, and attorney's fees not later   than the date a writ of possession is executed.           (b)     Unless the lease provides otherwise, a tenant may not   cure a default if the tenant cured a default under this section in   the 12-month period preceding the date the writ of possession is   executed.           Sec.   24.012.     ACCESS TO EVICTION CASE INFORMATION. (a)   In   this section:                 (1)     "Eviction case" means a lawsuit brought under this   chapter to recover possession of leased or rented residential real   property from a tenant.                 (2)     "Eviction case information" means all records and   files related to a filing of an eviction case, including petitions   and dispositions.           (b)     This section applies to an eviction case in which an   order granting limited dissemination of eviction case information   has not been entered under Section 24.013.           (c)     The court clerk shall allow access to eviction case   information only to:                 (1)     a party to the action, including a party's   attorney;                 (2)  a person who provides the clerk with:                       (A)     the names of at least one plaintiff and one   defendant; and                       (B)     the address of the premises, including any   apartment or unit number;                 (3)  a resident of the premises who:                       (A)     provides the clerk with the name of one of the   parties or the case number; and                       (B)  shows proof of residency;                 (4)     a person in accordance with a court order, which   may be granted ex parte, issued on a showing of good cause;                 (5)     a person in accordance with a court order issued at   the time the judgment in the case is entered, if the judgment is   entered:                       (A)  for the plaintiff after a trial; and                       (B)     after the 60th day after the date the   complaint was filed; or                 (6)     any other person after the 60th day after the date   the complaint was filed:                       (A)     if the plaintiff prevailed in the action   before the 60th day after the date the complaint was filed; or                       (B)     if the case involved residential real   property purchased at a foreclosure sale and judgment against all   defendants was entered for the plaintiff after a trial.           (d)     If a default or default judgment is set aside after the   60th day after the date the complaint was filed, this section   applies as if the complaint had been filed on the date the default   or default judgment is set aside.           (e)     This section may not be construed to prohibit the court   from issuing an order that bars access to eviction case information   if stipulated by the parties to the case.           (f)     For purposes of this section, good cause for access to   eviction case information includes the gathering of:                 (1)     newsworthy facts by a journalist as defined by   Article 38.11, Code of Criminal Procedure; and                 (2)     evidence by a party to the eviction case solely for   the purpose of filing a request for judicial notice.           (g)     After the filing of an eviction case, the court clerk   shall mail notice to each defendant named in the case.   The notice   must be mailed to the address provided in the complaint.   The notice   must contain a statement that an eviction case has been filed   against the defendant and that access to the eviction case   information will be delayed for 60 days except to a party, an   attorney for one of the parties, a person who has good cause for   access as determined by a court, or any other person who provides to   the clerk:                 (1)     the names of at least one plaintiff and one   defendant in the case and provides to the clerk the address,   including any applicable apartment or unit number, of the subject   premises; or                 (2)     the name of one of the parties in the case or the   case number and can establish through proper identification that   the person resides at the address identified in the case.           (h)  The notice must also contain:                 (1)     the name and telephone number of the county bar   association for the county in which the case is filed;                 (2)     the name and telephone number of any entity that   requests inclusion on the notice and demonstrates to the   satisfaction of the court that the entity has been certified by the   State Bar of Texas as a lawyer referral service and maintains a   panel of attorneys qualified in the practice of landlord-tenant law   under the minimum standards for a lawyer referral service   established by the State Bar of Texas and Chapter 952, Occupations   Code;                 (3)     the following statement: "The State Bar of Texas   certifies lawyer referral services in Texas and publishes a list of   certified lawyer referral services.   To locate a lawyer referral   service in your area, access the State Bar's Internet website at   www.texasbar.com or call 1-877-9TEXBAR.";                 (4)     the names and telephone numbers of offices that   provide legal services at low or no cost to low-income persons in   the county in which the action is filed; and                 (5)     a statement that a person receiving the notice may   call the telephone numbers described in the notice for legal advice   regarding the case.           (i)     The court clerk shall mail a notice required under this   section not earlier than the 24th hour and not later than the 48th   hour after the time the eviction case is filed, excluding weekends   and holidays.           (j)     The court clerk shall mail separately to the subject   premises one copy of the notice addressed to "all occupants."   The   notice does not constitute service of the summons and complaint.           Sec.   24.013.     LIMITED DISSEMINATION OF EVICTION CASE   INFORMATION. (a)   In this section, "eviction case" and "eviction   case information" have the meanings assigned by Section 24.012.           (b)     Concurrently with a final judgment or dismissal in an   eviction case or on petition of a defendant in an eviction case   after a final judgment or dismissal in the case, a court shall enter   an order of limited dissemination of the eviction case information   pertaining to the defendant if:                 (1)     the judgment is or was entered in favor of the   defendant;                 (2)     the eviction case is or was dismissed without any   relief granted to the plaintiff;                 (3)     the defendant is or was a tenant not otherwise in   default and the eviction case was brought by the landlord's   successor in interest following foreclosure; or                 (4)     at least three years have elapsed from the date of   the final judgment in the eviction case.      &#xA [Text truncated for display. 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