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


Office of House Bill AnalysisC.S.H.B. 2408
By: Hill
Business & Industry
4/14/1999
Committee Report (Substituted)



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. C.S.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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2408 differs from the original bill in SECTION 1 (proposed Section
92.013, Property Code) by changing the title of the section from "Notice of
Policy Change Affecting Tenant's Personal  Property" to "Notice of Rule or
Policy Change Affecting Tenant's Personal Property." In addition, the
substitute adds "rule" throughout Subsection (a) to conform to the addition
of "rule" in the title. The substitute also removes the requirement that
written notice given to the tenant by a landlord must be sent by certified
mail, return receipt requested. The substitute adds a new Subsection (b)
which provides that the notice must be given in person or by mail to the
affected tenant and specifies the means of delivery. Subsection (b) of the
original bill authorized a tenant to deduct from the tenant's rent the
amount of any expense incurred as a result of the landlord failing to
provide proper notice. The substitute adds Subsection (c) which 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. The substitute also makes
nonsubstantive changes.