| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to repairs made pursuant to a residential or manufactured |
|
|
home tenant's notice of intent to repair and the provision of notice |
|
|
regarding a residential or manufactured home 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 in accordance with the municipality's requirements. |
|
|
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. Subchapter C, Chapter 92, Property Code, is |
|
|
amended by adding Sections 92.112 and 92.113 to read as follows: |
|
|
Sec. 92.112. AGENTS FOR DELIVERY OF NOTICE. A managing |
|
|
agent, leasing agent, or resident manager is the agent of the |
|
|
landlord for purposes of notice and other communications required |
|
|
or permitted by this subchapter. |
|
|
Sec. 92.113. NOTICE BY E-MAIL. (a) Notice and other |
|
|
communications required or permitted by this subchapter may be sent |
|
|
by e-mail if the tenant and the landlord or landlord's agent have |
|
|
previously communicated by e-mail. |
|
|
(b) The landlord or landlord's agent may designate a |
|
|
specific e-mail address for a tenant to use for the purpose of |
|
|
Subsection (a). |
|
|
SECTION 3. Subchapter C, Chapter 94, Property Code, is |
|
|
amended by adding Sections 94.110 and 94.111 to read as follows: |
|
|
Sec. 94.110. AGENTS FOR DELIVERY OF NOTICE. A managing |
|
|
agent, leasing agent, or resident manager is the agent of the |
|
|
landlord for purposes of notice and other communications required |
|
|
or permitted by this subchapter. |
|
|
Sec. 94.111. NOTICE BY E-MAIL. (a) Notice and other |
|
|
communications required or permitted by this subchapter may be sent |
|
|
by e-mail if the tenant and the landlord or landlord's agent have |
|
|
previously communicated by e-mail. |
|
|
(b) The landlord or landlord's agent may designate a |
|
|
specific e-mail address for a tenant to use for the purpose of |
|
|
Subsection (a). |
|
|
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 in accordance with |
|
|
the municipality's requirements. 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, 2025. |
|
|
|
|
|
* * * * * |