HBA-ATS H.B. 2769 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2769 By: Pickett Business & Industry 6/29/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, Texas law did not provide a procedure that permitted a tenant who leased residential real property to make arrangements with the landlord for the removal, storage, or disposal of the tenant's property upon the tenant's death. H.B. 2769 establishes such a procedure. Under this bill, a tenant is required to provide the landlord with certain information about a person who should be contacted after the tenant's death to allow that person to remove any of the tenant's property and to receive the tenant's security deposit. A landlord is required and authorized to undertake certain actions for removing, storing, or disposing of property that belongs to a tenant who is a sole occupant upon the tenant's death. Among other things, a landlord is authorized to remove and store all property found in the tenant's leased premises and required to give the property and the security deposit to an authorized person. A landlord is also authorized to discard the property if the authorized person has not removed the property after being notified to do so and no other person has claimed the property. 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. PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT. Requires a tenant to provide the landlord with certain information about a person who should be contacted upon the tenant's death to allow that person to remove any of the tenant's property and to receive the tenant's security deposit. Requires and authorizes a landlord to undertake certain actions for removing, storing, or disposing of property that belongs to a tenant who is a sole occupant upon the tenant's death. Among other things, a landlord is authorized to remove and store all property found in the tenant's leased premises and required to give the property and the security deposit to an authorized person. A landlord is also authorized to discard the property if the authorized person has not removed the property after being notified to do so and no other person has claimed the property. Authorizes a tenant and landlord to agree to a different procedure for removing, storing, or disposing of the tenant's property upon the tenant's death. Provides that a tenant who knowingly fails to provide the landlord with certain information about a person who should be contacted upon the tenant's death absolves the landlord of all responsibility concerning the tenant's property. Provides that a landlord who knowingly fails to follow the procedure for removing, storing, or disposing of the tenant's property upon the tenant's death is liable to the deceased tenant's estate. SECTION 2. Amends Section 92.005(a), Property Code, to authorize a party who prevails in a suit brought under Subchapter A (General Provisions) or Subchapter B (Repair or Closing of Leasehold), E (Disclosure of Ownership and Management), or F (Smoke Detectors) to recover costs of court and reasonable attorney's fees. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.