HBA-CCH H.B. 2186 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2186
By: Davis, Yvonne
Business & Industry
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

Most leasing agents and apartment complex managers use standard lease
contracts that list the rental costs and charges that a landlord may
assess.  However, apartment complex managers may charge fees other than
those listed on the standard lease agreement and some landlords charge
maintenance and filing fees without giving tenants written or oral notice
at the beginning of the lease term.  House Bill 2186 requires landlords of
residential properties to disclose all potential fees that may be assessed
to a tenant prior to entering a lease agreement.  

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. 

ANALYSIS

House Bill 2186 amends the Property Code to prohibit a landlord of a
residential property from assessing a charge at the end of a lease term or
after a tenant surrenders the premises unless the lease specifies the
possibility of such a charge, the conditions under which the charge may be
assessed, the method by which the charge is to be computed, and before the
lease is entered into, the landlord informs the tenant regarding the
possibility of such a charge.  The bill does not affect a landlord's right
to recover the cost of repairing damaged property covered by a lease.  

EFFECTIVE DATE

September 1, 2001.