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 Subsection (a)(1) access to the premises at a reasonable time and 1-17 in the presence of the landlord or the landlord's agent; 1-18 (B) allow the person designated under Subsection 1-19 (a)(1) to remove any of the tenant's property found at the leased 1-20 premises; and 1-21 (C) refund the tenant's security deposit, less 1-22 lawful deductions, to the person designated under Subsection 1-23 (a)(1). 1-24 (b) A tenant may, without request from the landlord, provide 2-1 the landlord with the information in Subsection (a). 2-2 (c) Except as provided in Subsection (d), in the event of 2-3 the death of a tenant who is the sole occupant of a rental 2-4 dwelling, 2-5 (1) the landlord may remove and store all property 2-6 found in the tenant's leased premises; 2-7 (2) the landlord shall turn over possession of the 2-8 property to the person who was designated by the tenant under 2-9 Subsection (a) or (b) or to any other person lawfully entitled to 2-10 the property if the request is made prior to the property being 2-11 discarded under Subdivision (5); 2-12 (3) the landlord shall refund the tenant's security 2-13 deposit, less lawful deductions including the cost of removing and 2-14 storing the property, to the person designated under Subsection (a) 2-15 or (b) or to any other person lawfully entitled to the refund; 2-16 (4) the landlord may require any person who removes 2-17 the property from the tenant's leased premises, to sign an 2-18 inventory of the property being removed; 2-19 (5) the landlord may discard the property removed by 2-20 the landlord from the tenant's leased premises if: 2-21 (A) the landlord has mailed a written request, 2-22 certified mail return receipt requested, to the person designated 2-23 under Subsection (a) or (b), requesting that the property be 2-24 removed; 2-25 (B) the person failed to remove the property by 2-26 the 30th day after postmark date of the notice; and 2-27 (C) the landlord, prior to the date of 3-1 discarding the property, has not been contacted by anyone claiming 3-2 the property. 3-3 (d) In a written lease or other agreement, a landlord and 3-4 tenant may agree to a procedure different that the procedure in 3-5 this section for removing, storing, or disposing of property in the 3-6 leased premises of a deceased tenant. 3-7 (e) If a tenant, after being furnished with a copy of this 3-8 subchapter, knowingly violates Subsection (a), the landlord shall 3-9 have no responsibility after the tenant's death for removal, 3-10 storage, disappearance, damage, or disposition of property in the 3-11 tenant's leased premises. 3-12 (f) If a landlord, after being furnished with a copy of this 3-13 subchapter, knowingly violates Subsection (c), the landlord shall 3-14 be liable to the estate of the deceased tenant for actual damages. 3-15 SECTION 2. Subchapter A, Chapter 92, Property Code, is 3-16 amended by adding Section 92.005(a) to read as follows: 3-17 (a) A party who prevails in a suit brought under Subchapter 3-18 A, B, E, or F may recover the party's costs of court and reasonable 3-19 attorney's fees in relation to work 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, 3-26 and that this Act take effect and be in force according to its 3-27 terms, and it is so enacted.