79R3624 PAM-D
By: Dutton H.B. No. 1399
A BILL TO BE ENTITLED
AN ACT
relating to notice of a landlord's motor vehicle towing rules and
policies and to liability arising from certain actions of a towing
service.
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[, including any] change in vehicle towing rules or policies is
governed 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 RULES OR
POLICIES. (a) A landlord shall provide to a tenant, separate from
the lease agreement, a copy of any vehicle towing rules or policies
affecting the leased premises adopted by the landlord. The copy of
the rules or policies must be signed by the tenant.
(b) A landlord shall provide prior written notice to a
tenant regarding a change in vehicle towing rules or policies. A
notice under this subsection must be signed by the tenant. The
landlord must obtain the tenant's signature on the notice or
otherwise obtain proof of delivery.
(c) A landlord who violates Subsection (a) or (b) is liable
for a civil penalty in the amount of $500.
(d) A landlord, including the management company of the
landlord, is liable for any damages to a tenant's vehicle resulting
from the negligence of a towing service that contracts with the
landlord to remove vehicles from the leased premises.
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 September 1,
2005. A lease agreement entered into or renewed before September 1,
2005, 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(d), Property
Code, as added by this Act, applies only to a negligent act that
occurs on or after September 1, 2005. A negligent act that occurs
before September 1, 2005, 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 September 1, 2005.