HBA-DMD H.B. 2408 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2408
By: Hill
Business & Industry
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, a landlord was able to change a policy for
the landlord's tenants regarding property without notifying the tenants of
these changes. This may have resulted in a tenant's property that is
located outside of the dwelling being towed, moved, or affected in some
way.  H.B. 2408 requires a landlord to give prior written notice to a
tenant regarding a change in rule or policy not included in the lease
agreement that will affect any personal property owned by the tenant that
is located outside the tenant's dwelling. This bill provides that a
landlord who fails to give notice is liable to the tenant for any expense
incurred by the tenant as a result of the landlord's failure to give the
notice. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 92, Property Code, by adding
Section 92.013, as follows: 

Sec. 92.013. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL
PROPERTY. (a) Requires a landlord to give prior written notice to a tenant
regarding a change in rule or policy not included in the lease agreement
and that will affect any personal property owned by the tenant that is
located outside the tenant's dwelling, including any change in vehicle
towing rules or policies. 

(b) Provides that the notice must be given in person or by mail to the
affected tenant. Authorizes notice in person to be by personal delivery to
the tenant or any person residing at the tenant's dwelling who is 16 years
of age or older or by personal delivery to the tenant's dwelling and
affixing the notice to the inside of the main entry door. Authorizes notice
by mail to be by regular mail, by registered mail, or by certified mail,
return receipt requested. Authorizes the landlord, if the dwelling has no
mailbox and has a keyless bolting device, alarm system, or dangerous animal
that prevents the landlord from entering the premises to leave the notice
on the inside of the main entry door, to securely affix the notice on the
outside of the main entry door. 

(c) Provides that a landlord who fails to give notice as required by this
section is liable to the tenant for any expense incurred by the tenant as a
result of the landlord's failure to give the notice. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.