SB2349

Regular Session

Relating to notice requirements for a leased dwelling located in a floodplain.

Q: What does Texas SB2349 do?

SB 2349 imposes a strict documentation standard on residential landlords, requiring that mandatory flood disclosures be signed by both the landlord and tenant to be valid. While the law creates helpful exemptions for short-term rentals (under 30 days) and transitional housing (under 90 days), it eliminates the "constructive notice" defense for standard leases; without a signature, you are non-compliant. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Applies immediately to all leases entered into or renewed on or after this date).

Q: Who authored SB2349?

SB2349 was authored by Texas Senator Carol Alvarado during the Regular Session.

Q: When was SB2349 signed into law?

SB2349 was signed into law by Governor Greg Abbott on May 19, 2025.

Q: How urgent is compliance with SB2349?

The compliance urgency for SB2349 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q: What is the cost impact of SB2349?

The cost impact of SB2349 is estimated as "low". This may vary based on industry and implementation requirements.

Q: What topics does SB2349 address?

SB2349 addresses topics including property interests, property interests--landlord & tenant and floods.

CriticalImmediate action required

Low Cost

Effective:2025-09-01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Applies immediately to all leases entered into or renewed on or after this date).
Agency Rulemaking: None. The statute is self-executing. Do not wait for Texas Real Estate Commission (TREC) guidance to update proprietary lease forms.

Immediate Action Plan

1. Q2 2025: Audit all proprietary lease templates and addenda. Create a standalone "Flood Disclosure Addendum" if one does not exist.
2. July 2025: Update electronic leasing software to require a mandatory signature/initial field for the flood notice.
3. August 2025: Flag all automated renewals scheduled for September 1 or later to ensure the new disclosure is included in the renewal packet.
4. Training: Instruct leasing teams that "delivery" of the notice is no longer sufficient; "receipt" via signature is the new legal standard.

Operational Changes Required

Contracts

Lease Templates: Standard Texas Residential Lease Agreements must be updated. You must ensure the flood notice is either a standalone addendum or a distinct section within the lease that requires a specific signature or initial.
Exemption Logic: Remove flood disclosure clauses from Short-Term Rental agreements (<30 days) and Seller’s/Buyer’s Temporary Residential Leases (<90 days) to streamline closing documents.

Hiring/Training

Leasing Agents: Staff must be trained on the "Hard Stop" protocol. A lease cannot be countersigned or executed by management until the tenant’s signature on the flood disclosure is verified.
Renewals: Staff handling lease renewals must ensure that tenants rolling over into new terms post-September 1, 2025, sign this disclosure, even if they have lived in the unit for years.

Reporting & Record-Keeping

Digital Workflows: If using platforms like Yardi, Blue Moon, or DocuSign, you must configure the signature fields to make the flood disclosure signature mandatory. The tenant must not be able to submit the lease packet without signing this specific document.
Audit Trail: Retain the signed disclosure for the life of the tenancy plus the statute of limitations period (4 years) to defend against potential future flood claims.

Fees & Costs

No New State Fees: There are no filing fees associated with this bill.
Cost of Non-Compliance: High. Failure to obtain the signature allows the tenant to terminate the lease unilaterally and sue for damages if a flood occurs.

Strategic Ambiguities & Considerations

"Signed the Document" vs. "Signed the Lease"

The statute requires the parties to "sign the document containing the notice." It is legally ambiguous whether a single signature at the end of a 40-page lease constitutes "signing the document" regarding a specific paragraph on page 12.

Risk: A court could rule that a general lease signature acknowledges the contract but does not prove specific receipt of the flood notice as intended by the legislature.
Mitigation: Do not rely on the general lease signature. Use a separate addendum or require initials specifically next to the flood notice paragraph.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsProperty Interests Property Interests--landlord & Tenant Floods

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 2349
89R8536 JBD-D	By: Alvarado
	Business & Commerce
	4/8/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 2349 addresses the problem of insufficient and inconsistent notice to tenants about flood risk in residential leases. Under current law, landlords must provide tenants notice if a leased dwelling is in a floodplain or has experienced flooding in the past five years. However, the law lacks clarity on whether short-term leases and temporary occupancy arrangements require such notice and there is no uniform method for documenting that tenants received the information.

S.B. 2349 makes the statute more specific and effective by exempting short-term leases and temporary residential arrangements associated with property sales. It also strengthens accountability by requiring that the flood disclosure be in writing and signed by both parties. These changes will ensure tenants are fully informed of flood-related risks before entering a lease, while also protecting landlords from confusion about their obligations under the law.

As proposed, S.B. 2349 amends current law relating to notice requirements for a leased dwelling located in a floodplain.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 92.0135, Property Code, by adding Subsection (a-1) and amending Subsection (e), as follows:

(a-1) Provides that notices under Subsections (b) (relating to requiring a landlord to provide to a tenant a written notice relating to the tenant renting a dwelling located in a 100-year floodplain) and (d) (relating to requiring a landlord, if the landlord knows that flooding has damaged any portion of a dwelling at least once during a certain period, to provide a written notice to a tenant) are not required for a tenant under a lease with a term of less than 30 days or a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not greater than 90 days.

(e) Requires that the notices required by Subsections (b) and (d) be included in a paragraph of the lease, as an addendum to the lease, or in a separate written document given to the tenant at or before execution of the lease. Requires the landlord and tenant to sign the document containing a required notice to evidence the provision and receipt of the notice.

SECTION 2. Makes application of Section 92.0135(a-1), Property Code, as added by this Act, and Section 92.0135(e), Property Code, as amended by this Act, prospective.

SECTION 3. Effective date: September 1, 2025.

Senate Authors

Sen. Carol AlvaradoDemocrat · Primary Author

Coauthors (1)

Sarah Eckhardt (D)

House Sponsor

Rep. Armando WalleDemocrat · Primary Sponsor

Bill Text(with markup)

S.B. No. 2349

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to notice requirements for a leased dwelling located in a
	floodplain.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 92.0135, Property Code, is amended by
	adding Subsection (a-1) and amending Subsection (e) to read as
	follows:
	(a-1) Notices under Subsections (b) and (d) are not required
	for a tenant under:
	(1) a lease with a term of less than 30 days; or
	(2) a temporary residential tenancy created by a
	contract for sale in which the buyer occupies the property before
	closing or the seller occupies the property after closing for a
	specific term not greater than 90 days.
	(e) The notices required by Subsections (b) and (d) must be
	included in a paragraph of the lease, as an addendum to the lease,
	or in a separate written document given to the tenant at or before
	execution of the lease. The landlord and tenant must sign the
	document containing a required notice to evidence the provision and
	receipt of the notice.
	SECTION 2. Section 92.0135(a-1), Property Code, as added by
	this Act, and Section 92.0135(e), Property Code, as amended by this
	Act, apply only to a lease agreement entered into or renewed on or
	after the effective date of this Act. A lease agreement entered
	into or renewed before the effective date of this Act is governed by
	the law as it existed immediately before the effective date of this
	Act, and that law is continued in effect for that purpose.
	SECTION 3. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 9, 2025

TO:	Honorable Charles Schwertner, Chair, Senate Committee on Business & Commerce

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB2349 by Alvarado (Relating to notice requirements for a leased dwelling located in a floodplain.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, RStu, CMA

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Frequently Asked Questions

Common questions about SB2349

What does Texas SB2349 do?

SB 2349 imposes a strict documentation standard on residential landlords, requiring that mandatory flood disclosures be signed by both the landlord and tenant to be valid. While the law creates helpful exemptions for short-term rentals (under 30 days) and transitional housing (under 90 days), it eliminates the "constructive notice" defense for standard leases; without a signature, you are non-compliant. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Applies immediately to all leases entered into or renewed on or after this date).

Who authored SB2349?