law pg 11,12,72.qxp_Layout 1 6/18/21 8:34 AM Page 1
It’s the Law
By HOWARD BOOKSTAFF, Hoover Slovacek LLP , HAA General Counsel
2021 LEGISLATIVE SESSION The good, the bad and the ugly! (Part 1)
FROM JANUARY 12, 2021, through May 31, 2021, the Texas legislators went to work in Austin. There were 6,927 bills filed. Of those, 1,070 bills were sent to the governor. The governor can sign a bill, veto a bill or allow a bill to become law without his signature. For bills sent to the governor at the end of the session, the governor has until June 20, 2021 to act. If the governor does not act, the bill will become law. In an effort to provide you with as timely information as possible, this article is being written prior to the June 20 deadline. The bills discussed below that have been passed by the House of Representatives and Senate will become law unless the governor vetoes them. This is part one of a two-part series of articles addressing legislation that has passed. Right to Vacate and Avoid Liability Following Certain Sex Offenses or Stalking Modifies Section 92.0161 of the Property Code Effective September 1, 2021 (HB 375) 1. Background: According to the bill analysis: The prevalence of sexual abuse of persons with disabilities is deeply problematic. According to the federal Bureau of Justice Statistics, the rate of sexual assault against persons with disabilities is three and a half times higher compared to persons without disabilities and more than seven times higher against persons with intellectual disabilities. Current protections from continuous sexual assault in place for children also are appropriate for adults who are unable to consent. The offense of continuous sexual abuse of a child is a firstdegree felony punishable by imprisonment for life or for a minimum of 25 years or maximum of 99 years. www.haaonline.org
2. The Change: In an effort to provide you with as timely inforPursuant to Section 92.0161 of mation as possible, this article is being written the Property Code, a resident has certain rights to terminate a lease prior to the June 20 deadline. The bills discussed if the resident was the victim of below that have been passed by the House of Repcertain sex offenses or stalking. resentatives and Senate will become law unless the Section 92.0161(c) was modified to governor vetoes them. change the reference to one of the types of offenses that could trigger dwelling has sustained flood damage in the a resident’s rights under this statute. If the proceeding five-year period. resident was the victim of continuous sexual abuse of a young child or disabled individual 2. The Change: under Section 21.02 of the Penal Code, the resAn apartment owner is required to provide a ident would have rights under this Property renter a written notice substantially equivalent Code section. This change reflects a correto the following: sponding change in the Penal Code regarding The landlord (___) is or The landlord (___) is this offense. not aware that the dwelling you are renting is Notice for a Dwelling Located located in a 100-year floodplain. If neither box in a Floodplain is checked, you should assume the dwelling is Adds Section 92.0135 in a 100-year floodplain. Even if the dwelling is to the Property Code not in a 100-year floodplain, the dwelling may Effective for leases entered into or still be susceptible to flooding. The Federal renewed on or after January 1, 2022 Emergency Management Agency (FEMA) (HB 531) maintains a flood map on its internet website that is searchable by address, at no cost, to de1. Background: termine if a dwelling is located in a flood hazAccording to the bill analysis: ard area. Most tenant insurance policies do not There are concerns that renters in areas suscover damages or loss incurred in a flood. You ceptible to flooding may be unaware of that should seek insurance coverage that would risk. Although state law requires a person sellcover losses caused by a flood. ing real property to disclose to prospective Exception: An apartment owner is not rehomeowners whether the property is located quired to disclose on the notice that the owner in a floodplain, there is no similar requirement is aware that a dwelling is located in a 100-year with respect to notice of the potential for floodplain if the elevation of the dwelling is flooding by an apartment owner to their raised above the 100-year floodplain flood levrenters. This bill seeks to ensure that apartels in accordance with federal regulations. ment residents are equipped with the informaIf an apartment owner knows that flooding tion necessary to make informed decisions has damaged any portion of a dwelling at regarding the safest place for them to rent by least once during the five-year period immerequiring an apartment owner to provide to a diately preceding the effective date of the renter a written notice indicating whether the lease, the owner shall provide a written notice owner is aware that the leased dwelling is loto a resident that is substantially equivalent to cated in a 100-year floodplain and whether the the following: July 2021
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