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


Office of House Bill AnalysisH.B. 2408
By: Hill
Business & Industry
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a landlord may change a policy for the landlord's tenants
regarding property without notifying the tenants of these changes. This may
result 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 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 also authorizes the tenant to deduct from the rent the amount of
expense incurred as a result of the landlord failing to provide proper
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 POLICY CHANGE AFFECTING TENANT'S PERSONAL PROPERTY.
(a) Requires a landlord to give prior written notice by certified mail,
return receipt requested, to a tenant regarding a change in 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,
including any change in automobile towing policies. 

(b) Authorizes a tenant, to whom a landlord fails to give notice as
required by Subsection (a), to deduct from the tenant's rent, without
necessity of judicial action, any expense incurred as a result of the
landlord's failure to give the notice. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.