HB1099 - Relating to a landlord's duty to provide and maintain a functioning air conditioning system or unit in an apartment.

  89R3203 CS-D     By: Cole H.B. No. 1099       A BILL TO BE ENTITLED   AN ACT   relating to a landlord's duty to provide and maintain a functioning   air conditioning system or unit in an apartment.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 92.006, Property Code, is amended by   adding Subsection (i) to read as follows:           (i)     A landlord's duty under Section 92.027 to provide and   maintain a functioning air conditioning system or unit in an   apartment unit may not be waived.          SECTION 2.  Subchapter A, Chapter 92, Property Code, is   amended by adding Section 92.027 to read as follows:           Sec.   92.027.     LANDLORD'S DUTY TO PROVIDE AIR CONDITIONING IN   APARTMENT UNIT.   A landlord shall provide and maintain in an   apartment unit an air conditioning system or unit in good operating   condition that maintains inside the apartment unit a temperature   equal to the lower of:                 (1)  85 degrees Fahrenheit; or                 (2)     10 degrees Fahrenheit below the recorded   temperature outside of the apartment unit.          SECTION 3.  Section 92.052(a), Property Code, is amended to   read as follows:          (a)  A landlord shall make a diligent effort to repair or   remedy a condition if:                (1)  the tenant specifies the condition in a notice to   the person to whom or to the place where rent is normally paid;                (2)  the tenant is not delinquent in the payment of rent   at the time notice is given; and                (3)  the condition:                      (A)  materially affects the physical health or   safety of an ordinary tenant; or                      (B)  arises from the landlord's failure to provide   and maintain in good operating condition :                             (i)   a device to supply hot water of a   minimum temperature of 120 degrees Fahrenheit ; or                             (ii)     an air conditioning system or unit as   required by Section 92.027 .          SECTION 4.  Section 92.056, Property Code, is amended by   amending Subsections (b) and (d) and adding Subsections (h) and (i)   to read as follows:          (b)  A landlord is liable to a tenant as provided by this   subchapter if:                (1)  the tenant has given the landlord notice to repair   or remedy a condition by giving that notice to the person to whom or   to the place where the tenant's rent is normally paid;                (2)  the condition :                       (A)   materially affects the physical health or   safety of an ordinary tenant; or                       (B)     arises from the landlord's failure to provide   and maintain in good operating condition an air conditioning system   or unit as required by Section 92.027;                (3)  the tenant has given the landlord a subsequent   written notice to repair or remedy the condition after a reasonable   time to repair or remedy the condition following the notice given   under Subdivision (1) or the tenant has given the notice under   Subdivision (1) by sending that notice by certified mail, return   receipt requested, by registered mail, or by another form of mail   that allows tracking of delivery from the United States Postal   Service or a private delivery service;                (4)  the landlord has had a reasonable time to repair or   remedy the condition after the landlord received the tenant's   notice under Subdivision (1) and, if applicable, the tenant's   subsequent notice under Subdivision (3);                (5)  the landlord has not made a diligent effort to   repair or remedy the condition after the landlord received the   tenant's notice under Subdivision (1) and, if applicable, the   tenant's notice under Subdivision (3); and                (6)  the tenant was not delinquent in the payment of   rent at the time any notice required by this subsection was given.          (d)  For purposes of Subsection (b)(3) or (4), in determining   whether a period of time is a reasonable time to repair or remedy a   condition, there is a rebuttable presumption that seven days is a   reasonable time , except that five days is a reasonable time if the   condition arises from the landlord's failure to provide and   maintain in good operating condition an air conditioning system or   unit as required by Section 92.027 . To rebut that presumption, the   date on which the landlord received the tenant's notice, the   severity and nature of the condition, and the reasonable   availability of materials and labor and of utilities from a utility   company must be considered.           (h)     If a landlord is liable to a tenant under Subsection   (b)(2)(B), the landlord shall provide at no cost to the tenant:                 (1)     a portable air conditioning unit that maintains   the temperature required by Section 92.027; or                 (2)     alternative housing accommodations maintained at   the temperature required by Section 92.027.           (i)     For purposes of Subsection (h), a portable air   conditioning unit may be a portable window or floor unit or an   evaporative cooler.   The term does not include a portable fan that   is not designed to lower the temperature of air in an enclosed   space.          SECTION 5.  The changes in law made by this Act apply only to   a residential lease entered into or renewed on or after the   effective date of this Act.  A residential lease entered into or   renewed before the effective date of this Act is governed by the law   applicable to the lease immediately before that date, and the   former law is continued in effect for that purpose.          SECTION 6.  This Act takes effect September 1, 2025.