| 1 | 1 | | 82R3605 AJA-D |
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| 2 | 2 | | By: Bonnen H.B. No. 1162 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of notice to vacate to certain commercial |
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| 8 | 8 | | tenants in an eviction suit. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 24.005, Property Code, is amended by |
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| 11 | 11 | | amending Subsection (f) and adding Subsection (f-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (f) Except as otherwise provided by this section, the [The] |
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| 14 | 14 | | notice to vacate shall be given in person or by mail at the premises |
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| 15 | 15 | | in question. Notice in person may be by personal delivery to the |
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| 16 | 16 | | tenant or any person residing at the premises who is 16 years of age |
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| 17 | 17 | | or older or personal delivery to the premises and affixing the |
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| 18 | 18 | | notice to the inside of the main entry door. Notice by mail may be |
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| 19 | 19 | | by regular mail, by registered mail, or by certified mail, return |
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| 20 | 20 | | receipt requested, to the premises in question. If the dwelling has |
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| 21 | 21 | | no mailbox and has a keyless bolting device, alarm system, or |
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| 22 | 22 | | dangerous animal that prevents the landlord from entering the |
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| 23 | 23 | | premises to leave the notice to vacate on the inside of the main |
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| 24 | 24 | | entry door, the landlord may securely affix the notice on the |
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| 25 | 25 | | outside of the main entry door. |
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| 26 | 26 | | (f-1) A notice to vacate may not be affixed to the door of a |
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| 27 | 27 | | commercial premises occupied by a tenant who is not subject to the |
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| 28 | 28 | | notice to vacate. The notice may be provided by personal delivery to |
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| 29 | 29 | | the tenant to whom the notice is being provided, by mail to the |
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| 30 | 30 | | premises as provided by Subsection (f), or by mail to the tenant's |
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| 31 | 31 | | last known mailing address other than the address of the premises, |
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| 32 | 32 | | return receipt requested. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to a notice to vacate provided on or after the effective date of |
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| 35 | 35 | | this Act. Notice provided before the effective date of this Act is |
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| 36 | 36 | | governed by the law in effect immediately before that date, and that |
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| 37 | 37 | | law is continued in effect for that purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2011. |
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