SRC-PNG H.B. 2408 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2408
76R10985 WP-FBy: Hill (Lucio)
State Affairs
5/13/1999
Engrossed


DIGEST 

Currently, a landlord may change a policy for the landlord's tenants
regarding property without notifying the tenants of these changes. This may
result in a tenant's property that is located outside of the dwelling being
towed, moved, or affected in some way. H.B. 2408 requires a landlord to
give prior written notice to a tenant regarding a change in rule or policy
not included in the lease agreement that will affect any personal property
owned by the tenant that is located outside the tenant's dwelling. This
bill provides that a landlord who fails to give notice is liable to the
tenant for any expense incurred by the tenant as a result of the landlord's
failure to give the notice. 

PURPOSE

As proposed, H.B. 2408 requires a landlord to give prior written notice to
a tenant regarding a change in rule or policy not included in the lease
agreement that will affect any personal property owned by the tenant that
is located outside the tenant's dwelling.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 92A, Property Code, by adding Section 92.013, as
follows:  

Sec. 92.013. NOTICE OF RULE OR POLICY CHANGE AFFECTING TENANT'S PERSONAL
PROPERTY. (a) Requires a landlord to give prior written notice to a tenant
regarding a change in rule or policy not included in the lease agreement
and that will affect any personal property owned by the tenant that is
located outside the tenant's dwelling, including any change in vehicle
towing rules or policies.  

(b)Requires the notice to be given in person or by mail to the affected
tenant. Authorizes notice in person to be by personal delivery to the
tenant or any person residing at the tenant's dwelling who is 16 years of
age or older or by personal delivery to the tenant's dwelling and affixing
the notice to the inside of the main entry door. Authorizes notice by mail
to be by regular mail, by registered mail, or by certified mail, return
receipt requested. Authorizes the landlord, if the dwelling has no mailbox
and has a keyless bolting device, alarm system, or dangerous animal that
prevents the landlord from entering the premises to leave the notice on the
inside of the main entry door, to securely affix the notice on the outside
of the main entry door.  

(c) Provides that a landlord who fails to give notice as required by this
section, is liable to the tenant for any expense incurred by the tenant as
a result of the landlord's failure to give the notice.  

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.