By Pickett, Solomons                                  H.B. No. 2769
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the disposition of the personal property and security
 1-3     deposit of a deceased residential tenant.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 92, Property Code, is
 1-6     amended by adding Section 92.013 to read as follows:
 1-7           Sec. 92.013.  PERSONAL PROPERTY AND SECURITY DEPOSIT OF
 1-8     DECEASED TENANT.  (a)  Upon written request of a landlord, the
 1-9     landlord's tenant shall:
1-10                 (1)  provide the landlord with the name, address, and
1-11     telephone number of a person to contact in the event of the
1-12     tenant's death; and
1-13                 (2)  sign a statement authorizing the landlord in the
1-14     event of the tenant's death to:
1-15                       (A)  grant to the person designated under
1-16     Subdivision (1) access to the premises at a reasonable time and in
1-17     the presence of the landlord or the landlord's agent;
1-18                       (B)  allow the person designated under
1-19     Subdivision (1) to remove any of the tenant's property found at the
1-20     leased premises; and
1-21                       (C)  refund the tenant's security deposit, less
1-22     lawful deductions, to the person designated under Subdivision (1).
1-23           (b)  A tenant may, without request from the landlord, provide
1-24     the landlord with the information in Subsection (a).
 2-1           (c)  Except as provided in Subsection (d), in the event of
 2-2     the death of a tenant who is the sole occupant of a rental
 2-3     dwelling:
 2-4                 (1)  the landlord may remove and store all property
 2-5     found in the tenant's leased premises;
 2-6                 (2)  the landlord shall turn over possession of the
 2-7     property to the person who was designated by the tenant under
 2-8     Subsection (a) or (b) or to any other person lawfully entitled to
 2-9     the property if the request is made prior to the property being
2-10     discarded under Subdivision (5);
2-11                 (3)  the landlord shall refund the tenant's security
2-12     deposit, less lawful deductions, including the cost of removing and
2-13     storing the property, to the person designated under Subsection (a)
2-14     or (b) or to any other person lawfully entitled to the refund;
2-15                 (4)  the landlord may require any person who removes
2-16     the property from the tenant's leased premises to sign an inventory
2-17     of the property being removed; and
2-18                 (5)  the landlord may discard the property removed by
2-19     the landlord from the tenant's leased premises if:
2-20                       (A)  the landlord has mailed a written request by
2-21     certified mail, return receipt requested, to the person designated
2-22     under Subsection (a) or (b), requesting that the property be
2-23     removed;
2-24                       (B)  the person failed to remove the property by
2-25     the 30th day after the postmark date of the notice; and
2-26                       (C)  the landlord, prior to the date of
2-27     discarding the property, has not been contacted by anyone claiming
 3-1     the property.
 3-2           (d)  In a written lease or other agreement, a landlord and a
 3-3     tenant may agree to a procedure different than the procedure in
 3-4     this section for removing, storing, or disposing of property in the
 3-5     leased premises of a deceased tenant.
 3-6           (e)  If a tenant, after being furnished with a copy of this
 3-7     subchapter, knowingly violates Subsection (a), the landlord shall
 3-8     have no responsibility after the tenant's death for removal,
 3-9     storage, disappearance, damage, or disposition of property in the
3-10     tenant's leased premises.
3-11           (f)  If a landlord, after being furnished with a copy of this
3-12     subchapter, knowingly violates Subsection (c), the landlord shall
3-13     be liable to the estate of the deceased tenant for actual damages.
3-14           SECTION 2.  Section 92.005(a), Property Code, is amended to
3-15     read as follows:
3-16           (a)  A party who prevails in a suit brought under this
3-17     subchapter or Subchapter B, E, or F may recover the party's costs
3-18     of court and reasonable attorney's fees in relation to work
3-19     reasonably expended.
3-20           SECTION 3.  This Act takes effect September 1, 1999.
3-21           SECTION 4.  The importance of this legislation and the
3-22     crowded condition of the calendars in both houses create an
3-23     emergency and an imperative public necessity that the
3-24     constitutional rule requiring bills to be read on three several
3-25     days in each house be suspended, and this rule is hereby suspended.