HBA-DMD H.B. 2444 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2444
By: Woolley
Business & Industry
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Legislation passed by the 75th Legislature relating to landlord and tenant
law imposes a duty for landlords to mitigate their damages if a tenant
abandons the leased premises in violation of the lease. Since the
legislation was codified in the general landlord/tenant portion of the
Property Code, the statute applies to both commercial and residential
properties. A Texas Supreme Court opinion issued subsequent to the 75th
legislative session holds that residential landlords had a duty to make
reasonable efforts to mitigate damages in cases of abandonment, but
specifically excepts parties to commercial leases which contract otherwise.
H.B. 2444 Redesignates Section 91.006, Property Code, as Section 92.013,
Property Code.  

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 Section 91.006, Property Code, to redesignate Section
91.006 to Section 92.013, Property Code. 

SECTION 2.Emergency clause.
  Effective date: upon passage.