78R13313 KCR-F


By:  Baxter                                                       H.B. No. 2180

Substitute the following for H.B. No. 2180:                                   

By:  Bohac                                                    C.S.H.B. No. 2180



A BILL TO BE ENTITLED
AN ACT


relating to the computation of charges assessed against a tenant in 
certain commercial leases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 93.004, Property Code, as added by 
Chapter 1397, Acts of the 77th Legislature, Regular Session, 2001, 
is renumbered as Section 93.012, Property Code, and amended to read 
as follows:
	Sec. 93.012 [93.004].  ASSESSMENT OF CHARGES.  (a)  Except 
as provided by Subsection (a-1), a [A] landlord may not assess a 
charge, excluding a charge for rent or physical damage to the leased 
premises, 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.
	(a-1)  A landlord may assess a charge to a tenant if the 
charge is permitted by the lease but the method by which the charge 
is to be computed and the amount of the charge are not stated in the 
lease, an exhibit or attachment that is part of the lease, or an 
amendment to the lease only if the method by which the charge is 
computed is reasonable and is a method customarily used by 
landlords in commercial leases of a similar duration and for a 
similar type of commercial property as the lease signed or entered 
into by the landlord and tenant.
	(b)  This section does not affect a landlord's right to 
assess a charge or obtain a remedy allowed under a statute or common 
law.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  Except as provided by Subsection (c), the change in law 
made by this Act applies only to a commercial lease that is signed, 
entered into, renewed, or extended by negotiation on or after the 
effective date of this Act.
	(c)  A commercial lease that was signed before September 1, 
2003, and is renewed or extended by the exercise of a tenant's 
option that existed in the lease signed before September 1, 2003,  
regardless of the date of renewal or extension, is governed by the  
law in effect at the time the lease was signed, and the former law  
is continued in effect for that purpose.
	(d)  A commercial lease that is signed or entered into before 
the effective date of this Act is governed by the law in effect at 
the time the lease was signed or entered into, and the former law is 
continued in effect for that purpose.