By: Dutton H.B. No. 1399
A BILL TO BE ENTITLED
AN ACT
relating to notice of a landlord's motor vehicle towing or parking
rules and policies and to liability arising from certain actions of
a towing service; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.013(a), Property Code, is amended to
read as follows:
(a) A landlord shall give prior written notice to a tenant
regarding a landlord rule or policy change that is not included in
the lease agreement and that will affect any personal property
owned by the tenant that is located outside the tenant's dwelling.
A landlord shall provide to the tenant a copy of any applicable[,
including any change in] vehicle towing or parking rules or
policies of the landlord and any changes to those rules or policies
as provided by Section 92.0131.
SECTION 2. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0131 to read as follows:
Sec. 92.0131. NOTICE REGARDING VEHICLE TOWING OR PARKING
RULES OR POLICIES. (a) If at the time of entering into a lease
agreement, a landlord has vehicle towing or parking rules or
policies that will apply to the tenant, the landlord shall provide
to the tenant a copy of the rules or policies before the lease
agreement is entered into. The copy of the rules or policies must
be:
(1) signed by the tenant;
(2) contained in a lease that is signed by the tenant;
or
(3) contained in an attachment to a lease that is
signed by the tenant, if the attachment is expressly referred to as
rules or policies in the lease.
(b) If the rules or policies are contained in the lease or an
attachment to a lease, the title to the paragraph containing the
rules or policies must read "Parking" or "Parking Rules" and be
capitalized, underlined, or in bold print.
(c) If a landlord changes any of the landlord's vehicle
towing or parking rules or policies during the term of the lease,
the landlord shall provide written notice of the changes to the
tenant before the tenant is bound by the rule or policy changes.
The landlord has the burden of proving that the tenant received a
copy of the rule or policy changes. The landlord may satisfy that
burden of proof by providing evidence that the landlord:
(1) delivered the notice by certified mail, return
receipt requested, addressed to the tenant at the dwelling; or
(2) made a notation in the landlord's files of the
time, place, and method of providing the notice and the name of the
person who delivered the notice by:
(A) hand delivery to the tenant or any occupant
of the tenant's dwelling over the age of 16 years at the dwelling;
(B) facsimile to a facsimile number the tenant
provided to the landlord for the purpose of receiving notices; or
(C) taping the notice to the inside of the main
entry door of the dwelling.
(d) If the changes are made during the rental term, the
changes:
(1) must:
(A) apply to all of the landlord's tenants in the
same rental housing complex and be based on reasonable construction
necessity, safety or security of tenants, or respect for other
tenants' parking rights; or
(B) be consented to by the tenant in writing; and
(2) may not be effective sooner than the 14th day after
the date notice of the changes are delivered to the tenant unless
the changes are a result of a construction or utility emergency.
(e) A landlord who violates Subsection (a), (b), (c), or (d)
is liable for a civil penalty in the amount of $100 plus any towing
or storage costs that the tenant incurs as a result of the tenant's
vehicle being towed. The nonprevailing party in a suit under this
section is liable to the prevailing party for reasonable attorney's
fees and court costs.
(f) A landlord is liable for any damage to a tenant's
vehicle resulting from the negligence of a towing service that
contracts with the landlord or the landlord's agent to remove
vehicles that are parked in violation of the landlord's rules and
policies if the towing company that caused the damage does not have
insurance that covers the damage.
SECTION 3. (a) The change in law made by Section
92.0131(a), Property Code, as added by this Act, applies only to a
lease agreement entered into or renewed on or after January 1, 2006.
A lease agreement entered into or renewed before January 1, 2006, is
governed by the law in effect when the lease was entered into or
renewed, and the former law is continued in effect for that purpose.
(b) The change in law made by Section 92.0131(f), Property
Code, as added by this Act, applies only to a negligent act that
occurs on or after January 1, 2006. A negligent act that occurs
before January 1, 2006, is governed by the law in effect when the
negligent act occurred, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect January 1, 2006.