85R12717 PMO-D     By: West S.B. No. 1418       A BILL TO BE ENTITLED   AN ACT   relating to a landlord's duty to maintain property and casualty   insurance coverage for loss of or damage to a leased premises.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 92.054, Property Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  A landlord shall obtain and maintain coverage under a   property and casualty insurance policy that provides coverage for   loss of or damage to a leased premises. The policy must provide   replacement cost coverage.          SECTION 2.  Subchapter B, Chapter 92, Property Code, is   amended by adding Section 92.063 to read as follows:          Sec. 92.063.  TENANT'S REMEDY FOR LANDLORD'S FAILURE TO   MAINTAIN INSURANCE. (a) A landlord is liable to a tenant for   failure to maintain insurance if:                (1)  the property leased by the tenant suffers a   casualty loss or damage caused by a peril for which the landlord   could have obtained coverage under a property and casualty   insurance policy and for which the landlord did not maintain   coverage in accordance with Section 92.054(a-1); and                (2)  the tenant is displaced because of the casualty   loss or damage.          (b)  A landlord who is liable to a tenant under Subsection   (a) shall pay to the tenant all reasonable expenses related to the   tenant's relocation as a result of the displacement described by   Subsection (a)(2) to a dwelling comparable to the damaged premises   under comparable lease terms.          SECTION 3.  Sections 92.054(a-1) and 92.063, Property Code,   as added by this Act, apply only to loss or damage that occurs on or   after the effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2017.