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A BILL TO BE ENTITLED
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AN ACT
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relating to repairs made pursuant to a tenant's notice of intent to |
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repair and the refund of a tenant's security deposit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.0561(f), Property Code, is amended to |
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read as follows: |
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(f) Repairs made pursuant to the tenant's notice must be |
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made by an independent [a] company, contractor, or repairman |
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[listed in the yellow or business pages of the telephone directory |
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or in the classified advertising section of a newspaper of the local |
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city, county, or adjacent county at the time of the tenant's notice |
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of intent to repair]. If the rental unit is located in a |
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municipality requiring the company, contractor, or repairman to be |
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licensed, the person or entity performing the repair must be |
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licensed in accordance with the municipality's requirements. |
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Unless the landlord and tenant agree otherwise under Subsection (g) |
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[of this section], repairs may not be made by the tenant, the |
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tenant's immediate family, the tenant's employer or employees, or a |
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company in which the tenant has an ownership interest. Repairs may |
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not be made to the foundation or load-bearing structural elements |
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of the building if it contains two or more dwelling units. |
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SECTION 2. Section 92.107, Property Code, is amended to |
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read as follows: |
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Sec. 92.107. TENANT'S FORWARDING ADDRESS. (a) The |
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landlord is not obligated to return a tenant's security deposit or |
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give the tenant a written description of damages and charges until |
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the tenant provides [gives] the landlord a written statement of the |
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tenant's forwarding address for the purpose of refunding the |
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security deposit. |
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(b) A tenant may satisfy the requirement of Subsection (a): |
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(1) by providing the statement in accordance with the |
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lease; or |
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(2) regardless of the lease terms, by: |
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(A) hand-delivering the statement to the |
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landlord or landlord's property manager if rent has been paid in |
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that manner; or |
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(B) sending the statement to the landlord or |
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landlord's property manager or to an address where the tenant has |
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paid rent under the lease by: |
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(i) first class mail; |
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(ii) certified mail, return receipt |
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requested; |
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(iii) registered mail; or |
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(iv) any other delivery service that |
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provides delivery tracking information. |
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(c) A tenant who complies with Subsection (b) has satisfied |
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the requirement of Subsection (a), even if the landlord fails to |
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claim or refuses delivery of the written statement of the tenant's |
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forwarding address. |
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(d) The tenant does not forfeit the right to a refund of the |
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security deposit or the right to receive a description of damages |
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and charges merely for failing to give a forwarding address to the |
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landlord. |
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SECTION 3. Section 92.109(d), Property Code, is amended to |
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read as follows: |
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(d) A landlord is presumed to have acted in bad faith if the |
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landlord [who] fails either to return a security deposit or to |
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provide a written description and itemization of deductions on or |
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before the 30th day after the date the tenant has both: |
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(1) surrendered [surrenders] possession; and |
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(2) satisfied the requirement of Section 92.107(a) [is |
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presumed to have acted in bad faith]. |
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SECTION 4. Section 94.107, Property Code, is amended to |
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read as follows: |
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Sec. 94.107. TENANT'S FORWARDING ADDRESS. (a) A landlord |
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|
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 if rent has been paid in |
|
|
that manner; or |
|
|
(B) sending a 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; |
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|
(ii) certified mail, return receipt |
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|
requested; |
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|
(iii) registered mail; or |
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|
(iv) any other delivery service that |
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|
provides delivery tracking information. |
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|
(c) A tenant who complies with Subsection (b) has satisfied |
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|
the requirement of Subsection (a), even if the landlord fails to |
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|
claim or refuses delivery of the written statement of the tenant's |
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|
forwarding address. |
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|
(d) The tenant does not forfeit the right to a refund of the |
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|
security deposit or the right to receive a description of damages |
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|
and charges merely for failing to give a forwarding address to the |
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|
landlord. |
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|
SECTION 5. Section 94.109(d), Property Code, is amended to |
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|
read as follows: |
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(d) A landlord is presumed to have acted in bad faith if the |
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landlord [who] fails either to return a security deposit or to |
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|
provide a written description and itemization of deductions on or |
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|
before the 30th day after the date the tenant has both: |
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|
(1) surrendered [surrenders] possession; and |
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(2) satisfied the requirement of Section 94.107(a) [is |
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presumed to have acted in bad faith]. |
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SECTION 6. Section 94.157(g), Property Code, is amended to |
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read as follows: |
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(g) Repairs made based on a tenant's notice must be made by |
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an independent [a] company, contractor, or repairman [listed at the |
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time of the tenant's notice of intent to repair in the yellow or |
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business pages of the telephone directory or in the classified |
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advertising section of a newspaper of the municipality or county in |
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which the manufactured home community is located or in an adjacent |
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county]. If the rental unit is located in a municipality requiring |
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the company, contractor, or repairman to be licensed, the person or |
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entity performing the repair must be licensed in accordance with |
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the municipality's requirements. Unless the landlord and tenant |
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agree otherwise under Subsection (i), repairs may not be made by the |
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tenant, the tenant's immediate family, the tenant's employer or |
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employees, or a company in which the tenant has an ownership |
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interest. Repairs may not be made to the foundation or load-bearing |
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structural elements of the manufactured home lot. |
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SECTION 7. The changes in law made by this Act apply only to |
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a lease entered into or renewed on or after the effective date of |
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this Act. A lease entered into or renewed before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 8. This Act takes effect September 1, 2023. |