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.