TAA LEGISLATIVE UPDATE TAA Weathers Unusual Session
BY DAVID MINTZ , CAE , TAA VICE PRESIDENT OF GOVERNMENT AFFAIRS
The 2021 legislative session was one for the record books . The Texas Apartment Association rose above the turbulence . Go to
www . taa . org for a more detailed report .
With COVID-19 and Winter Storm Uri , the 2021 legislative session was unlike any other in Texas history .
Protocols to respond to the pandemic and time lost due to the storm meant even more time pressures than usual in the 140-day session .
Overall , legislators introduced more than 7,100 bills and proposed constitutional amendments — the second-highest number in the last decade . Similarly , the Texas Apartment Association tracked more than 700 bills , more than twice as many as in the 2019 session .
However , only around 15 percent of bills that were introduced made it to the governor ’ s desk for consideration .
Entering into this legislative session , TAA had three major goals :
1 . Protect the industry from adverse legislation .
2 . Continue to support property tax reform and other efforts to limit the impact of taxes and fees on housing affordability .
3 . Respond to issues arising from the pandemic , including seeking liability protection and combating judicial inconsistency and local actions imposing unfair burdens on rental property owners .
Overall , it was a successful session for TAA . No bills TAA opposed outright made their way through the process . In addition , a number of property tax reform bills passed this session , and legislators also approved COVID liability protection for businesses .
While no bills passed that addressed judicial inconsistencies or local government overreach , TAA highlighted these concerns throughout the session and will continue looking at every potential avenue to address these issues .
Here are some highlights from the session . ( A complete list of all the bills TAA tracked is available for members at
www . taa . org / advocacy / 2021-legislative-session-bills .) The approved bills on this list are still subject to the governor ’ s veto , unless otherwise noted . The governor has until June 20 to sign , veto or allow measures to take effect without his signature .
LANDLORD / TENANT BILLS There were more landlord / tenant bills filed this session than any other in memory .
In the end , however , only a handful of bills amending the Property Code passed . TAA did not oppose any of the approved bills .
Flood disclosure HB 531 by Walle / Huffman
Either prior to or at the time of lease signing , rental property owners will have to disclose to a prospective resident any knowledge they have of whether : ( a ) the rental dwelling is located in a 100-year flood plain or ( b ) if the rental dwelling has flooded ( due to natural causes ) within the past five years .
The disclosure must use language similar to mandated language in the law and be part of a separate written document .
If an owner fails to make the disclosure and the resident ’ s property is substantially damaged due to flooding ( the cost to repair or replace is 50 percent or more of market value ), the resident may terminate their lease without penalty . However ,