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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of notice to vacate to certain commercial |
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tenants in an eviction suit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.005, Property Code, is amended by |
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amending Subsection (f) and adding Subsection (f-1) to read as |
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follows: |
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(f) Except as otherwise provided by this section, the [The] |
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notice to vacate shall be given in person or by mail at the premises |
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in question. Notice in person may be by personal delivery to the |
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tenant or any person residing at the premises who is 16 years of age |
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or older or personal delivery to the premises and affixing the |
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notice to the inside of the main entry door. Notice by mail may be |
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by regular mail, by registered mail, or by certified mail, return |
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receipt requested, to the premises in question. If the dwelling has |
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no mailbox and has a keyless bolting device, alarm system, or |
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dangerous animal that prevents the landlord from entering the |
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premises to leave the notice to vacate on the inside of the main |
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entry door, the landlord may securely affix the notice on the |
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outside of the main entry door. |
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(f-1) A notice to vacate may not be affixed to the door of a |
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commercial premises occupied by a tenant who is not subject to the |
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notice to vacate. The notice may be provided by personal delivery to |
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the tenant to whom the notice is being provided, by mail to the |
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premises as provided by Subsection (f), or by mail to the tenant's |
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last known mailing address other than the address of the premises, |
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return receipt requested. |
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SECTION 2. The change in law made by this Act applies only |
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to a notice to vacate provided on or after the effective date of |
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this Act. Notice provided before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |