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