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