Keep up with what’s happening in the Texas rental housing industry

Additional industry-related laws taking effect on September 1

Synopsis

In addition to the new fee in lieu of security deposit legislation (see related story), a handful of other bills that could affect rental property owners are taking effect September 1.


Key takeaways

  • A few new state laws affecting rental property owners take effect September 1, in addition to the fee in lieu of security deposit legislation (see related story).
  • These laws involve liability related to the execution of a writ of possession, fair housing, swimming pool design, repair or remodeling, and parking restrictions in Harris County. Bill summaries and links to each bill are included below.
  • Most legislation approved in the recent regular legislative session will take effect January 1, 2022. No legislation detrimental to the rental housing industry was approved.

In addition to the legislation authorizing property owners to charge a monthly fee, at their option, instead of requiring a security deposit (see related story), these are the new laws that take effect September 1, 2021 in Texas:

Liability for execution of Writ of Possession

HB 900 by Rep. Dan Huberty (R-Houston)/Sen. Drew Springer (R-Muenster)

Clarifies that a landlord is not liable for damages to a tenant related to the execution of a writ of possession by a constable.

Conform Texas Fair Housing Act to federal law

HB 1153 by Rep. Hubert Vo (D-Houston) /Sen. Brian Birdwell (R-Granbury)

HB 1153 makes changes regarding the exemption for small rental property owners (i.e., the “Mrs. Murphy exemption”) to be consistent with long-time federal law.

Swimming pool code

HB 2205 by Ramon Romero, Jr. (D-Fort Worth)/Sen. Charles Schwertner (R-Georgetown)

This bill requires the Texas Department of State Health Services to use the 2018 or later version of the International Swimming Pool and Spa Code for design, construction, alteration, remodeling and repair of swimming pools.

Parking rigs near apartments

HB 3286 by Rep. Mike Schofield (R-Houston)/Sen. Carol Alvarado (D-Houston)

Allows an apartment complex in Harris County to request signs prohibiting the parking of a commercial motor vehicle in a public right-of-way adjacent to the complex after 10 p.m. and before 6 a.m.

Most legislation approved in the recent regular legislative session will take effect January 1, 2022. No legislation detrimental to the rental housing industry was approved.

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