TEXAS PROPERTY CODE

TITLE 8. LANDLORD AND TENANT

CHAPTER 92. RESIDENTIAL TENANCIES

SUBCHAPTER E. DISCLOSURE OF OWNERSHIP AND MANAGEMENT


	§ 92.201. DISCLOSURE OF OWNERSHIP AND MANAGEMENT.  (a) A 
landlord shall disclose to a tenant, or to any government official 
or employee acting in an official capacity, according to this 
subchapter:
		(1)  the name and either a street or post office box 
address of the holder of record title, according to the deed records 
in the county clerk's office, of the dwelling rented by the tenant 
or inquired about by the government official or employee acting in 
an official capacity;  and
		(2)  if an entity located off-site from the dwelling is 
primarily responsible for managing the dwelling, the name and 
street address of the management company.
	(b)  Disclosure to a tenant under Subsection (a) must be made 
by:            
		(1)  giving the information in writing to the tenant on 
or before the seventh day after the day the landlord receives the 
tenant's request for the information;
		(2)  continuously posting the information in a 
conspicuous place in the dwelling or the office of the on-site 
manager or on the outside of the entry door to the office of the 
on-site manager on or before the seventh day after the date the 
landlord receives the tenant's request for the information;  or
		(3)  including the information in a copy of the tenant's 
lease or in written rules given to the tenant before the tenant 
requests the information.
	(c)  Disclosure of information to a tenant may be made under 
Subdivision (1) or (2) of Subsection (b) before the tenant requests 
the information.
	(d)  Disclosure of information to a government official or 
employee must be made by giving the information in writing to the 
official or employee on or before the seventh day after the date the 
landlord receives the request from the official or employee for the 
information.
	(e)  A correction to the information may be made by any of the 
methods authorized for providing the information.
	(f)  For the purposes of this section, an owner or property 
manager may disclose either an actual name or names or an assumed 
name if an assumed name certificate has been recorded with the 
county clerk.

Acts 1983, 68th Leg., p. 3646, ch. 576, § 1, eff. Jan. 1, 1984.  
Amended by Acts 1995, 74th Leg., ch. 869, § 4, eff. Jan. 1, 1996.


	§ 92.202. LANDLORD'S FAILURE TO DISCLOSE 
INFORMATION.  (a) A landlord is liable to a tenant or a 
governmental body according to this subchapter if:
		(1)  after the tenant or government official or 
employee makes a request for information under Section 92.201, the 
landlord does not provide the information;  and
		(2)  the landlord does not give the information to the 
tenant or government official or employee before the eighth day 
after the date the tenant, official, or employee gives the landlord 
written notice that the tenant, official, or employee may exercise 
remedies under this subchapter if the landlord does not comply with 
the request by the tenant, official, or employee for the 
information within seven days.
	(b)  If the tenant's lease is in writing, the lease may 
require the tenant's initial request for information to be written.  
A request by a government official or employee for information must 
be in writing.

Acts 1983, 68th Leg., p. 3647, ch. 576, § 1, eff. Jan. 1, 1984.  
Amended by Acts 1995, 74th Leg., ch. 869, § 4, eff. Jan. 1, 1996.


	§ 92.203. LANDLORD'S FAILURE TO CORRECT INFORMATION.  A 
landlord who has provided information under Subdivision (2) or (3) 
of Subsection (b) of Section 92.201 is liable to a tenant according 
to this subchapter if:
		(1)  the information becomes incorrect because a name 
or address changes;  and
		(2)  the landlord fails to correct the information on 
or before the seventh day after the date the tenant gives the 
landlord written notice that the tenant may exercise the remedies 
under this subchapter if the corrected information is not provided 
within seven days.

Acts 1983, 68th Leg., p. 3647, ch. 576, § 1, eff. Jan. 1, 1984.  
Amended by Acts 1995, 74th Leg., ch. 869, § 4, eff. Jan. 1, 1996.


	§ 92.204. BAD FAITH VIOLATION.  A landlord acts in bad 
faith and is liable according to this subchapter if the landlord 
gives an incorrect name or address under Subsection (a) of Section 
92.201 by wilfully:
		(1)  disclosing incorrect information under Section 
92.201(b)(1) or (2) or Section 92.201(d);  or
		(2)  failing to correct information given under Section 
92.201(b)(1) or (2) or Section 92.201(d) that the landlord knows is 
incorrect.

Acts 1983, 68th Leg., p. 3647, ch. 576, § 1, eff. Jan. 1, 1984.  
Amended by Acts 1993, 73rd Leg., ch. 48, § 18, eff. Sept. 1, 
1993;  Acts 1995, 74th Leg., ch. 869, § 4, eff. Jan. 1, 1996.


	§ 92.205. REMEDIES.  (a) A tenant of a landlord who is 
liable under Section 92.202, 92.203, or 92.204 may obtain or 
exercise one or more of the following remedies:
		(1)  a court order directing the landlord to make a 
disclosure required by this subchapter;
		(2)  a judgment against the landlord for an amount 
equal to the tenant's actual costs in discovering the information 
required to be disclosed by this subchapter;
		(3)  a judgment against the landlord for one month's 
rent plus $100;        
		(4)  a judgment against the landlord for court costs 
and attorney's fees;  and
		(5)  unilateral termination of the lease without a 
court proceeding.        
	(b)  A governmental body whose official or employee has 
requested information from a landlord who is liable under Section 
92.202 or 92.204 may obtain or exercise one or more of the following 
remedies:
		(1)  a court order directing the landlord to make a 
disclosure required by this subchapter;
		(2)  a judgment against the landlord for an amount 
equal to the governmental body's actual costs in discovering the 
information required to be disclosed by this subchapter;
		(3)  a judgment against the landlord for $500;  and                           
		(4)  a judgment against the landlord for court costs 
and attorney's fees.   

Acts 1983, 68th Leg., p. 3648, ch. 576, § 1, eff. Jan. 1, 1984.  
Amended by Acts 1995, 74th Leg., ch. 869, § 4, eff. Jan. 1, 1996.


	§ 92.206. LANDLORD'S DEFENSE.  A landlord has a defense 
to liability under Section 92.202 or 92.203 if the tenant owes rent 
on the date the tenant gives a notice required by either of those 
sections.  Rent delinquency is not a defense for a violation of 
Section 92.204.

Acts 1983, 68th Leg., p. 3648, ch. 576, § 1, eff. Jan. 1, 1984.            


	§ 92.207. AGENTS FOR DELIVERY OF NOTICE.  (a) A managing 
or leasing agent, whether residing or maintaining an office on-site 
or off-site, is the agent of the landlord for purposes of:
		(1)  notice and other communications required or 
permitted by this subchapter;
		(2)  notice and other communications from a 
governmental body relating to a violation of health, sanitation, 
safety, or nuisance laws on the landlord's property where the 
dwelling is located, including notices of:
			(A)  demands for abatement of nuisances;                                     
			(B)  repair of a substandard dwelling;                                       
			(C)  remedy of dangerous conditions;                                         
			(D)  reimbursement of costs incurred by the 
governmental body in curing the violation;
			(E)  fines;  and                                                             
			(F)  service of process.                                                     
	(b)  If the landlord's name and business street address in 
this state have not been furnished in writing to the tenant or 
government official or employee, the person who collects the rent 
from a tenant is the landlord's authorized agent for purposes of 
Subsection (a).

Acts 1983, 68th Leg., p. 3648, ch. 576, § 1, eff. Jan. 1, 1984.  
Amended by Acts 1995, 74th Leg., ch. 869, § 4, eff. Jan. 1, 1996.


	§ 92.208. ADDITIONAL ENFORCEMENT BY LOCAL ORDINANCE.  The 
duties of a landlord and the remedies of a tenant under this 
subchapter are in lieu of the common law, other statutory law, and 
local ordinances relating to the disclosure of ownership and 
management of a dwelling by a landlord to a tenant.  However, this 
subchapter does not prohibit the adoption of a local ordinance that 
conforms to this subchapter but which contains additional 
enforcement provisions.

Acts 1983, 68th Leg., p. 3648, ch. 576, § 1, eff. Jan. 1, 1984.