BILL ANALYSIS
Senate Research Center C.S.H.B. 1382
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Current law prohibits a landlord from assessing a charge, other than 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 or in an exhibit, attachment, or amendment to the lease. It is unclear whether a governmental landlord such as an airport authority, which is required by federal grant assurances to charge rates that cover all of its operating costs, may impose on its tenants a contractual duty to pay a proportionate share of whatever those operating costs may be from year to year.
C.S.H.B. 1382 amends current law relating to assessment of certain charges by a commercial landlord that is a governmental entity.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 93.012, Property Code, by adding Subsection (c), to provide that this section does not affect the contractual right of a landlord that is a governmental entity created under Subchapter D (Joint Operations), Chapter 22 (County and Municipal Airports), Transportation Code, whose constituent municipalities are populous home rule municipalities to assess charges under a lease to fully compensate the governmental entity for the governmental entity's operating costs.
SECTION 2. Effective date: upon passage or September 1, 2009.