HBA-JEK, CCH H.B. 2186 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2186 By: Davis, Yvonne Business & Industry 6/14/2001 Enrolled BACKGROUND AND PURPOSE Most leasing agents use standard lease contracts that list the rental costs and charges that a landlord may assess. Prior to the 77th Legislature, landlords were able to charge fees other than those listed on the standard lease agreement, and some landlords charged maintenance and filing fees without giving tenants written or oral notice at the beginning of the lease term. House Bill 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 It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 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.