SB485 - Relating to the duties of care of certain landlords regarding disasters.

  89R7679 AJA-D     By: Alvarado, et al. S.B. No. 485       A BILL TO BE ENTITLED   AN ACT   relating to the duties of care of certain landlords regarding   disasters.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 92, Property Code, is amended by adding   Subchapter J to read as follows:   SUBCHAPTER J. LANDLORD'S DUTIES OF CARE REGARDING DISASTERS           Sec. 92.401.  DEFINITIONS. In this subchapter:                 (1)     "Authorized resident" means a tenant or an   individual who is authorized by a lease to occupy a dwelling but who   is not obligated under the lease to pay rent.                 (2)     "Child," "disabled individual," and "elderly   individual" have the meanings assigned by Section 22.04, Penal   Code.                 (3)     "Disaster" has the meaning assigned by Section   418.004, Government Code.                 (4)     "Landlord"   and "multiunit complex" have the   meanings assigned by Section 92.151.           Sec.   92.402.     APPLICABILITY OF SUBCHAPTER. This subchapter   applies only to the landlord of a multiunit complex in which any   authorized resident is an elderly individual, disabled individual,   or child.           Sec.   92.403.     DUTIES OF CARE. (a)   A landlord to whom this   subchapter applies has the following duties of care:                 (1)     a duty to take all reasonable and necessary   precautions to protect residents of the multiunit complex from   foreseeable harm during a disaster;                 (2)     a duty to understand and prepare for conditions   that are more likely to affect an elderly or disabled individual or   child during a disaster, such as the need for mobility assistance   during evacuation or the need to access medication or medical   support;                   (3)     a duty to ensure that the staff of the complex are   trained and available to assist with resident needs during a   disaster;                 (4)     a duty to inform residents about dangers that may   arise in a disaster and provide instruction on how to respond to   those dangers; and                 (5)     a duty not to abandon the complex during a disaster   unless a mandatory evacuation of the area has been ordered under   Section 418.185, Government Code.           (b)     The duty described by Subsection (a)(4) includes a duty   to implement a reliable system to alert residents of imminent   dangers and to provide clear and accessible information about   disaster plans and evacuation procedures.           Sec.   92.404.     CAUSE OF ACTION. An authorized resident may   bring an action to recover damages resulting from a landlord's   breach of a duty of care imposed by Section 92.403.           Sec.   92.405.     EFFECT ON OTHER DUTIES. Nothing in this   subchapter affects a duty of a landlord that exists under other law.          SECTION 2.  This Act takes effect September 1, 2025.