HBA-DMD H.B. 2444 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2444 By: Woolley Business & Industry 3/25/1999 Introduced BACKGROUND AND PURPOSE Legislation passed by the 75th Legislature relating to landlord and tenant law imposes a duty for landlords to mitigate their damages if a tenant abandons the leased premises in violation of the lease. Since the legislation was codified in the general landlord/tenant portion of the Property Code, the statute applies to both commercial and residential properties. A Texas Supreme Court opinion issued subsequent to the 75th legislative session holds that residential landlords had a duty to make reasonable efforts to mitigate damages in cases of abandonment, but specifically excepts parties to commercial leases which contract otherwise. H.B. 2444 Redesignates Section 91.006, Property Code, as Section 92.013, Property Code. 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 Section 91.006, Property Code, to redesignate Section 91.006 to Section 92.013, Property Code. SECTION 2.Emergency clause. Effective date: upon passage.