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.