Texas House Bill HB1382

Texas 2009 - 81st Regular

• Out of House Committee: 3/30/09
• Voted on by House: 4/9/09
• Out of Senate Committee: 4/24/09
• Voted on by Senate: 5/5/09
• Governor Action: 5/20/09
• Report Pass: 4/24/09
• Enrolled: 5/11/09
• Passed: 5/20/09

Caption

Relating to assessment of certain charges by certain commercial landlords that are governmental entities.

Impact

The passing of HB 1382 would have significant implications for how governmental entities structure their leases. By explicitly permitting these entities to adjust charges based on their operating costs, the bill aims to ensure that they are not financially disadvantaged in comparison to their private counterparts. This could lead to a more stable financial environment for governmental landlords, allowing them to maintain their properties effectively and continue providing facilities for commercial use.

Summary

House Bill 1382 seeks to amend the Texas Property Code by adding provisions that clarify the rights of governmental entities acting as commercial landlords concerning the assessment of charges under leases. Specifically, the bill introduces a new subsection to Section 93.012, which allows these landlords to vary charges to fully compensate for their operating costs. This amendment directly acknowledges the unique position of governmental entities, providing them with greater flexibility in their lease agreements compared to private landlords.

Contention

While the bill primarily provides clarity and support for governmental landlords, it may raise concerns regarding transparency and accountability in the leasing process. Critics might argue that allowing governmental entities to vary lease charges without clear guidelines could lead to potential abuses or imbalances in rental agreements. Moreover, there may be discussions around the overall impact on tenants, particularly how these changes could affect rental affordability and access to government-owned commercial properties.