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.