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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of written notice to vacate real property |
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by electronic means. |
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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 Subsections (f-3) and (f-4) to |
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read as follows: |
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(f) Except as provided by Subsections [Subsection] (f-1) |
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and (f-3), the notice to vacate shall be given in person or by mail |
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at the premises in question. Notice in person may be by personal |
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delivery to the tenant or any person residing at the premises who is |
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16 years of age or older or personal delivery to the premises and |
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affixing the notice to the inside of the main entry door. Notice by |
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mail may be by regular mail, by registered mail, or by certified |
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mail, return receipt requested, to the premises in question. |
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(f-3) Notwithstanding Subsections (f) and (f-1), a landlord |
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may give written notice to vacate to a tenant by sending the notice |
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by at least two electronic means, including e-mail, text message, |
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fax, and social media message, if: |
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(1) both parties agree, in a conspicuous writing |
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separate from any written lease, that the notice may be given by |
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sending the notice by at least two electronic means; and |
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(2) the tenant provides in the writing described by |
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Subdivision (1) the information required for the landlord to send |
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the notice by at least two electronic means. |
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(f-4) Notice to vacate given under Subsection (f-3) is |
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considered delivered on the date notice is sent by at least two |
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electronic means for which information was provided by the tenant, |
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regardless of the date the notice is received. |
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SECTION 2. This Act takes effect September 1, 2023. |