By: Baxter (Senate Sponsor - Carona) H.B. No. 2180
(In the Senate - Received from the House May 19, 2003;
May 20, 2003, read first time and referred to Committee on Business
and Commerce; May 23, 2003, reported favorably by the following
vote: Yeas 9, Nays 0; May 23, 2003, sent to printer.)
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.
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