87R3900 MWC-F
 
  By: Lambert H.B. No. 3504
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to repairs made pursuant to a tenant's notice of intent to
  repair and the refund of a tenant's security deposit.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 92.0561(f), Property Code, is amended to
  read as follows:
         (f)  Repairs made pursuant to the tenant's notice must be
  made by an independent [a] company, contractor, or repairman
  [listed in the yellow or business pages of the telephone directory
  or in the classified advertising section of a newspaper of the local
  city, county, or adjacent county at the time of the tenant's notice
  of intent to repair]. If the rental unit is located in a
  municipality requiring the company, contractor, or repairman to be
  licensed, the person or entity performing the repair must be
  licensed by that municipality. Unless the landlord and tenant
  agree otherwise under Subsection (g) [of this section], repairs may
  not be made by the tenant, the tenant's immediate family, the
  tenant's employer or employees, or a company in which the tenant has
  an ownership interest. Repairs may not be made to the foundation or
  load-bearing structural elements of the building if it contains two
  or more dwelling units.
         SECTION 2.  Section 92.107, Property Code, is amended to
  read as follows:
         Sec. 92.107.  TENANT'S FORWARDING ADDRESS. (a) The
  landlord is not obligated to return a tenant's security deposit or
  give the tenant a written description of damages and charges until
  the tenant provides [gives] the landlord a written statement of the
  tenant's forwarding address for the purpose of refunding the
  security deposit.
         (b)  A tenant may satisfy the requirement of Subsection (a):
               (1)  by providing the statement in accordance with the
  lease; or
               (2)  regardless of the lease terms, by:
                     (A)  hand delivering the statement to the landlord
  or landlord's property manager; or
                     (B)  sending the statement to the landlord or
  landlord's property manager or to an address where the tenant has
  paid rent under the lease by:
                           (i)  first class mail;
                           (ii)  certified mail, return receipt
  requested;
                           (iii)  registered mail; or
                           (iv)  any other delivery service that
  provides delivery tracking information.
         (c)  A tenant who complies with Subsection (b) has satisfied
  the requirement of Subsection (a), even if the landlord fails to
  claim or refuses delivery of the written statement of the tenant's
  forwarding address.
         (d)  The tenant does not forfeit the right to a refund of the
  security deposit or the right to receive a description of damages
  and charges merely for failing to give a forwarding address to the
  landlord.
         SECTION 3.  Section 92.109(d), Property Code, is amended to
  read as follows:
         (d)  A landlord is presumed to have acted in bad faith if the
  landlord [who] fails either to return a security deposit or to
  provide a written description and itemization of deductions on or
  before the 30th day after the date the tenant has both:
               (1)  surrendered [surrenders] possession; and
               (2)  satisfied the requirement of Section 92.107(a) [is
  presumed to have acted in bad faith].
         SECTION 4.  Section 94.157(g), Property Code, is amended to
  read as follows:
         (g)  Repairs made based on a tenant's notice must be made by
  an independent [a] company, contractor, or repairman [listed at the
  time of the tenant's notice of intent to repair in the yellow or
  business pages of the telephone directory or in the classified
  advertising section of a newspaper of the municipality or county in
  which the manufactured home community is located or in an adjacent
  county]. If the rental unit is located in a municipality requiring
  the company, contractor, or repairman to be licensed, the person or
  entity performing the repair must be licensed by the municipality.
  Unless the landlord and tenant agree otherwise under Subsection
  (i), repairs may not be made by the tenant, the tenant's immediate
  family, the tenant's employer or employees, or a company in which
  the tenant has an ownership interest. Repairs may not be made to
  the foundation or load-bearing structural elements of the
  manufactured home lot.
         SECTION 5.  The changes in law made by this Act apply only to
  a lease entered into or renewed on or after the effective date of
  this Act. A lease entered into or renewed before the effective date
  of this Act is governed by the law in effect immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 6.  This Act takes effect September 1, 2021.