Bill Caption

Relating to notice requirements for a leased dwelling located in a floodplain.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 531 would require landlords to provide tenants with notices that the landlord knows a property is in a 100 year floodplain or has flooded within 5 years of the effective date of a lease.  The mandate to provide the aforementioned notices doesn't apply to any properties in a 100 year floodplain that have been elevated above flood levels in accordance with federal regulations.

If a landlord fails to give notice as this bill would mandate, and a tenant suffers substantial loss of or damage to personal property due to flooding, a tenant may terminate a lease early without penalty, and the landlord would be required to refund any rent or other payments made in advance under the lease agreement.

Vote Recommendation Notes

Texas Action opposes HB 531 because it violates the limited government and personal responsibility principles. It is up to the individual to research whether or not a property they wish to rent is in a 100 year floodplain or in danger of flooding. There is already a free federal flood map with a searchable address database to assist tenants with their research, the state does not need to force landlords to provide 100 year floodplain or recent flooding notices.