By:  Baxter                                                       H.B. No. 2180



A BILL TO BE ENTITLED

AN ACT

relating to charges assessed by a landlord under a commercial 
lease.        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 93, Property Code, is amended by adding 
Section 93.004 to read as follows:
	Sec. 93.012 [93.004].  ASSESSMENT OF CHARGES.  (a)  A 
landlord may not assess a charge, excluding a charge for rent or 
physical damage to the leased premises, to a tenant unless
		(1)  the amount of the charge or the method by which the 
charge is to be computed is stated in the lease or an amendment to 
the lease, or
		(2)  the charge is permitted in the lease without 
including the method of computation, and the charge is computed in 
accordance with Subsection (b).
	(b)  The method by which a charge is computed under 
Subsection (a)(2) must be reasonable and must be a method 
customarily used by landlords in commercial leases of a similar 
duration and for a similar type of commercial property as the lease 
entered into by the landlord and tenant.
	(c) [(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)  The change is 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.