SRC-JJJ H.B. 2769 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2769
By: Pickett (Cain)
State Affairs
5/12/1999
Engrossed


DIGEST 

Texas law does not provide a procedure that permits a tenant who leases
residential real property to make arrangements with the landlord for the
removal, storage, or disposal of the tenant's property in the event the
tenant dies.  H.B. 2769 would establish conditions regarding the
disposition of the personal property and security deposit of a deceased
residential tenant. 

PURPOSE

As proposed, H.B. 2769 establishes conditions regarding the disposition of
the personal property and security deposit of a deceased residential
tenant. 

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.  PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT.
Sets forth requirements a tenant must furnish to a landlord, upon the
landlord's request, regarding a contact for the tenant, and instructions
regarding the disposition of personal property and security deposit in the
event of the tenant's death.  Authorizes a tenant, without request, to
provide the landlord with the information in Subsection (a).  Sets forth
provisions for the landlord regarding the personal property and security
deposit of a deceased tenant who is the sole occupant of a rental dwelling.
Authorizes a landlord and tenant, in a written lease, to agree to a
procedure  different that the procedure in this section.  Requires the
landlord, if a tenant knowingly violates Subsection (a), to have no
responsibility  after the tenant's death.  Requires the landlord, if the
landlord knowingly violates Subsection (c), to be liable to the estate of
the deceased tenant for actual damages. 

SECTION 2.  Amends Section 92.005(a), Property Code, to make a conforming
change. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.