HBA-ATS H.B. 2769 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2769
By: Pickett
Business & Industry
3/26/1999
Introduced



BACKGROUND AND PURPOSE 

Texas law does not provide a procedure that permits a tenant who leases
residential real  property to make arrangements with the landlord for the
removal, storage, or disposal of the tenant's property in the event the
tenant dies.  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 at 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 at 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 at 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 at 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 at 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
at the tenant's death is liable to the deceased tenant's estate.  

SECTION 2.  Amends Subchapter A, Chapter 92, Property Code, by adding
Section 92.005(a), to authorize a party who prevails in a suit brought
under Subchapter A (General Provisions), 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.
  Effective date: upon passage.