HBA-DMD C.S.H.B. 2408 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2408 By: Hill Business & Industry 4/14/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE 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. C.S.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. 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. 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) Provides that the notice must 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2408 differs from the original bill in SECTION 1 (proposed Section 92.013, Property Code) by changing the title of the section from "Notice of Policy Change Affecting Tenant's Personal Property" to "Notice of Rule or Policy Change Affecting Tenant's Personal Property." In addition, the substitute adds "rule" throughout Subsection (a) to conform to the addition of "rule" in the title. The substitute also removes the requirement that written notice given to the tenant by a landlord must be sent by certified mail, return receipt requested. The substitute adds a new Subsection (b) which provides that the notice must be given in person or by mail to the affected tenant and specifies the means of delivery. Subsection (b) of the original bill authorized a tenant to deduct from the tenant's rent the amount of any expense incurred as a result of the landlord failing to provide proper notice. The substitute adds Subsection (c) which 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. The substitute also makes nonsubstantive changes.