HB2900 - Relating to a landlord's duty to provide and maintain in good operating condition heating and air conditioning equipment in an apartment unit.

  89R2927 CS-D     By: Simmons H.B. No. 2900       A BILL TO BE ENTITLED   AN ACT   relating to a landlord's duty to provide and maintain in good   operating condition heating and air conditioning equipment in an   apartment unit.          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 in good operating condition heating and air conditioning   equipment 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 HEATING AND AIR   CONDITIONING IN APARTMENT UNIT.   A landlord shall provide and   maintain in good operating condition heating and air conditioning   equipment in each apartment unit capable of:                 (1)     cooling each room of the apartment unit to 65   degrees Fahrenheit; and                 (2)     heating each room of the apartment unit to 85   degrees Fahrenheit.          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)     heating and air conditioning equipment   in the apartment 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 heating and air   conditioning equipment in the apartment 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 heating and air conditioning   equipment in the apartment 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)     portable heating and air conditioning equipment   capable of maintaining the temperature as required by Section   92.027; or                 (2)     alternative housing accommodation furnished with   heating and air conditioning equipment capable of maintaining the   temperature as required by Section 92.027.           (i)     For purposes of Subsection (h), portable heating and air   conditioning equipment may be a portable window or floor unit.   The   term does not include a portable fan that is not designed to raise   or 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 or rental agreement immediately before that   date, and the former law is continued in effect for that purpose.          SECTION 6.  This Act takes effect September 1, 2025.