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Are Tenants Entitled to Air Conditioning?

In Texas, must a landlord provide air conditioning, even if the lease does not specify that the landlord will provide air conditioning? Some folks are pondering this question in light of the extraordinary heat waves that have lingered over the great state in the last month. Section 92.052 of the Texas Property Code provides that if an “ordinary tenant” would be affected by a condition that “materially affects [their] physical health or safety,” that condition must be remedied by the landlord. This provision does seem to imply that under these extreme weather conditions, the landlord has a duty to make cooling equipment available (provided, of course, their tenant is unremarkable).

Or, does the argument that the “condition” (i.e., extreme weather) is not one that arises from a defect in the property have wings? Would fans suffice? It seems these questions are unsettled, but if the heat persists, perhaps these question will become settled this summer.