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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 76(R)

HOUSE BILL 2769

HOUSE AUTHOR: Pickett et al.

EFFECTIVE: 9-1-99

SENATE SPONSOR: Cain

House Bill 2769 amends the Property Code to establish a procedure for the disposition of the personal property and security deposit of a deceased residential tenant. The act requires a tenant, on written request from the landlord, to provide information relating to a person to contact in the event of the tenant's death and to sign a statement authorizing the landlord to allow that person to access the tenant's premises, to remove any of the tenant's property, and to collect the tenant's security deposit. The act authorizes the landlord to remove and store the deceased tenant's property and lists the circumstances under which the landlord is authorized to discard the property. The act provides that the landlord has no responsibility for the deceased tenant's property if the tenant does not provide contact information. A landlord that violates provisions relating to the disposition of a deceased tenant's property is liable to the estate of the deceased tenant for actual damages, and a party in a suit brought under the subchapter may recover the party's costs and reasonable attorney's fees.