By Pickett H.B. No. 2769
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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
2-1 lawful deductions, to the person designated under Subsection
2-2 (a)(1).
2-3 (b) A tenant may, without request from the landlord, provide
2-4 the landlord with the information in Subsection (a).
2-5 (c) Except as provided in Subsection (d), in the event of
2-6 the death of a tenant who is the sole occupant of a rental
2-7 dwelling,
2-8 (1) the landlord may remove and store all property
2-9 found in the tenant's leased premises;
2-10 (2) the landlord shall turn over possession of the
2-11 property to the person who was designated by the tenant under
2-12 Subsection (a) or (b) or to any other person lawfully entitled to
2-13 the property if the request is made prior to the property being
2-14 discarded under Subdivision (5);
2-15 (3) the landlord shall refund the tenant's security
2-16 deposit, less lawful deductions including the cost of removing and
2-17 storing the property, to the person designated under Subsection (a)
2-18 or (b) or to any other person lawfully entitled to the refund;
2-19 (4) the landlord may require any person who removes
2-20 the property from the tenant's leased premises, to sign an
2-21 inventory of the property being removed;
2-22 (5) the landlord may discard the property removed by
2-23 the landlord from the tenant's leased premises if:
2-24 (A) the landlord has mailed a written request,
2-25 certified mail return receipt requested, to the person designated
3-1 under Subsection (a) or (b), requesting that the property be
3-2 removed;
3-3 (B) the person failed to remove the property by
3-4 the 30th day after postmark date of the notice; and
3-5 (C) the landlord, prior to the date of
3-6 discarding the property, has not been contacted by anyone claiming
3-7 the property.
3-8 (d) In a written lease or other agreement, a landlord and
3-9 tenant may agree to a procedure different that the procedure in
3-10 this section for removing, storing, or disposing of property in the
3-11 leased premises of a deceased tenant.
3-12 (e) If a tenant, after being furnished with a copy of this
3-13 subchapter, knowingly violates Subsection (a), the landlord shall
3-14 have no responsibility after the tenant's death for removal,
3-15 storage, disappearance, damage, or disposition of property in the
3-16 tenant's leased premises.
3-17 (f) If a landlord, after being furnished with a copy of this
3-18 subchapter, knowingly violates Subsection (c), the landlord shall
3-19 be liable to the estate of the deceased tenant for actual damages.
3-20 SECTION 2. Subchapter A, Chapter 92, Property Code, is
3-21 amended by adding Section 92.005(a) to read as follows:
3-22 (a) A party who prevails in a suit brought under Subchapter
3-23 A, B, E, or F may recover the party's costs of court and reasonable
3-24 attorney's fees in relation to work reasonably expended.
3-25 SECTION 3. This Act takes effect September 1, 1999.
4-1 SECTION 4. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended,
4-6 and that this Act take effect and be in force according to its
4-7 terms, and it is so enacted.