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Texas landlords must disclose flood risk to renters, plus other laws in effect Jan. 1

The Addicks Reservoir in Houston crested in 2017 after Hurricane Harvey, flooding nearby residential neighborhoods.
Jorge Sanhueza-Lyon
/
KUT
The Addicks Reservoir in Houston crested in 2017 after Hurricane Harvey, flooding nearby residential neighborhoods.

Twenty-three new Texas laws go into effect Jan. 1.

None are as high-profile as some of the big-ticket items that passed during the state鈥檚 four legislative sessions this year 鈥 like the state鈥檚 and 鈥 but they鈥檒l nonetheless impact Texans in some fashion.

Below is a list of every new law on the books in the new year.

In many states across the country, including Texas, property owners don鈥檛 have to disclose flood risk to potential tenants. They don鈥檛 have to tell potential renters if a property flooded in the past, or if it's in a flood-prone area.

A new Texas law hopes to address that.

Starting Saturday, landlords in Texas will be required by law to alert tenants if the property they're renting is in a 100-year floodplain.

The law requires landlords to alert tenants to any flood damage that occurred in the five-year time period prior to leasing. Previously, only home sellers, not landlords, were required by law to disclose flood information.

Landlords will also have to give leasers a notice that says most renters insurance policies don't cover flood damage, so renters should also purchase a flood insurance policy.

The law, which Gov. Greg Abbott signed in June, was written by Houston Democratic state Rep. Armando Walle, and passed the House 94-52 on May 24 and the Senate 31-0 on May 19.

But the new law is not without its critics 鈥 housing advocates say expecting renters to bear the burden of paying for flood insurance instead of landlords isn't equitable.

"Landlords need to take the lead and have the responsibility be on them to ensure that their renters are fully served and that the responsibility is not shifted," said Chrishelle Palay, executive director of the Houston Organizing Movement for Equity. "That's what we see time and time again throughout the state."

Another law taking effect on Jan. 1 鈥 鈥 requires nursing and assisted living facilities to post information on their websites about the , an independent organization within the Texas Health and Human Services Commission that advocates for the rights of long-term care facility residents.

While the office has been around for decades, many people are still unaware of the services it provides. Ombudsmen touch on issues like health and safety, and residents鈥 rights. They hear complaints about any number of problems, including residents鈥 activities and complaints about visitor access.

鈥淲e鈥檙e here to really be the voice and the advocate for folks that are living in nursing and assisted living facilities,鈥 said Alexa Schoeman, the deputy state ombudsman.

is one of the groups that supported the bill. Associate state director for advocacy and outreach, Amanda Fredriksen, said it was essential to ensure residents and their families have access to the information. She added it鈥檚 even more important after facilities were closed to visitors during the pandemic.

鈥淧reviously the information needed to be posted in the facility, but if family can鈥檛 get into the facility, then they don鈥檛 have access to the information,鈥 Fredriksen said.

During fiscal year 2021, staff and volunteers with the Office of the State Long-Term Care Ombudsman investigated 5,829 complaints at nursing and assisted living facilities.

Texas restaurants will have more control working with third-party delivery companies under one of the new laws taking effect New Year's Day.

Kelsey Erickson Streufert with the Texas Restaurant Association says SB-911 includes new rules to prevent trademark infringement: Restaurants have seen cases in which delivery apps put restaurants on their platforms without permission. Many did not have knowledge that they were listed on those apps, Streufert said.

The new law also makes it easier to qualify as a restaurant in Texas without requiring a location's alcohol sales total 60 percent or less of total revenue.

鈥淸The law is] trying to create some fairness, better communication, and protecting each party's right to be in that space if they want to be," Streufert said.

  • provides property tax breaks for charitable organizations that provide housing and related services to people experiencing homelessness.

  • extends the period of time religious organizations are exempted from paying property taxes on contiguously owned land that鈥檚 intended for expanding or building a place of worship from six to 10 years.
  • amends the tax code to exclude medical or dental billing services from being considered 鈥渋nsurance services鈥 if the service provided precedes the filing of an original insurance claim.
  • changes regulations on how insurance providers are allowed to transfer liabilities to third-party entities.
  • amends the Texas insurance code regarding how mechanics, contractors and others are allowed to pursue liens against customers for unpaid work.
  • amends the Texas tax code to exclude chicken coops and rabbit pens, used for non-commercial food production, in appraising the taxable value of a residential property.
  • amends rules for acquiring private property through eminent domain. That includes requiring landowners be informed of their right to file a complaint with the Texas Real Estate Commission regarding alleged misconduct.
  • amends the certification filing requirements for forming a business entity in Texas. Specifically, the bill requires information on the certificate to include the 鈥渋nitial mailing address of the filing entity.鈥
  • changes how tax breaks are given for costs associated with rehabilitating historic structures.
  • allows for the education and training required of appraisal review board members to be conducted remotely.
  • changes how residential property values in designated historic districts are appraised for tax purposes.
  • allows for the creation of a 鈥淟eander municipal management district鈥 in Williamson County that鈥檚 permitted to issue bonds, as well as impose assessments, fees and taxes.
  • requires counties with more than 1 million residents get voter approval before reducing or reallocating funding for county law enforcement agencies by a certain amount.
  • revises rules for collecting and allocating state civil court fees, including an increase in some administrative charges.
  • changes rules for property owners to issue residential mortgage loans, also known as wraparound mortgages.
  • modifies language in the tax code related to homestead property tax breaks for disabled veterans.
  • establishes regulations and protections for the online dissemination of commercial recordings and audio visual works.
  • amends liability standards for people who violate government code in selling securities, such as stocks.
  • allows for tax exemptions on personal property, worth less than $2,500, that鈥檚 used to produce income. The previous cap only allowed the tax breaks for property valued under $500.
  • establishes a tax refund pilot program for employers offering qualified apprenticeship programs.
  • Copyright 2021 KUT 90.5. To see more, visit .

    Caroline Love | Houston Public Media
    Becky Fogel is the newscast host and producer for 鈥淭exas Standard.鈥 She came to the show from Science Friday in New York where she produced segments on zombie microbiomes and sneaker technology. She got her start in radio at KWBU-FM in Waco and she鈥檚 happy to be back in the great state of Texas.
    Joseph Leahy anchors morning newscasts for NPR's statewide public radio collaborative, Texas Newsroom. He began his career in broadcast journalism as a reporter for St. Louis Public Radio in 2011. The following year, he helped launch Delaware's first NPR station, WDDE, as an afternoon newscaster and host. Leahy returned to St. Louis in 2013 to anchor local newscasts during All Things Considered and produce news on local and regional issues. In 2016, he took on a similar role as the local Morning Edition newscaster at KUT in Austin, before moving over to the Texas Newsroom.