SRC-TBR H.B. 2186 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2186
77R12420 AJA-DBy: Davis, Yvonne (Carona)
Business & Commerce
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Most leasing agents use standard lease contracts that list the rental costs
and charges that a landlord may assess.  However, landlords may charge fees
other than those listed on the standard lease agreement and some landlords
charge maintenance and filing fees without giving tenants written or oral
notice at the beginning of the lease term.  H.B. 2186 requires landlords of
commercial properties to disclose all potential fees that may be assessed
to a tenant prior to entering a lease agreement. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

H.B. 2186 amends the Property Code to prohibit a landlord of a commercial
property from assessing a charge to a tenant unless the amount of the
charge or the method by which the charge is to be computed is stated in the
lease, an exhibit or attachment that is part of the lease, or an amendment
to the lease.  This provision does not apply to a charge for rent or
physical damage to the leased premises and does not affect a landlord's
right to assess a charge or obtain a remedy allowed under a statute or
common law.  

EFFECTIVE DATE: September 1, 2001.