Texas 2021 - 87th Regular

Texas House Bill HB3504 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R22019 MWC-F
2	2		By: Lambert, Darby H.B. No. 3504
	3	+	Substitute the following for H.B. No. 3504:
	4	+	By: Lambert C.S.H.B. No. 3504
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to repairs made pursuant to a tenant's notice of intent to
8	10		repair and the refund of a tenant's security deposit.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 92.0561(f), Property Code, is amended to
11	13		read as follows:
12	14		(f) Repairs made pursuant to the tenant's notice must be
13	15		made by an independent [a] company, contractor, or repairman
14	16		[listed in the yellow or business pages of the telephone directory
15	17		or in the classified advertising section of a newspaper of the local
16	18		city, county, or adjacent county at the time of the tenant's notice
17	19		of intent to repair]. If the rental unit is located in a
18	20		municipality requiring the company, contractor, or repairman to be
19	21		licensed, the person or entity performing the repair must be
20	22		licensed by that municipality. Unless the landlord and tenant
21	23		agree otherwise under Subsection (g) [of this section], repairs may
22	24		not be made by the tenant, the tenant's immediate family, the
23	25		tenant's employer or employees, or a company in which the tenant has
24	26		an ownership interest. Repairs may not be made to the foundation or
25	27		load-bearing structural elements of the building if it contains two
26	28		or more dwelling units.
27	29		SECTION 2. Section 92.107, Property Code, is amended to
28	30		read as follows:
29	31		Sec. 92.107. TENANT'S FORWARDING ADDRESS. (a) The
30	32		landlord is not obligated to return a tenant's security deposit or
31	33		give the tenant a written description of damages and charges until
32	34		the tenant provides [gives] the landlord a written statement of the
33	35		tenant's forwarding address for the purpose of refunding the
34	36		security deposit.
35	37		(b) A tenant may satisfy the requirement of Subsection (a):
36	38		(1) by providing the statement in accordance with the
37	39		lease; or
38	40		(2) regardless of the lease terms, by:
39	41		(A) hand delivering the statement to the landlord
40	42		or landlord's property manager if rent has been paid in that manner;
41	43		or
42	44		(B) sending the statement to the landlord or
43	45		landlord's property manager or to an address where the tenant has
44	46		paid rent under the lease by:
45	47		(i) first class mail;
46	48		(ii) certified mail, return receipt
47	49		requested;
48	50		(iii) registered mail; or
49	51		(iv) any other delivery service that
50	52		provides delivery tracking information.
51	53		(c) A tenant who complies with Subsection (b) has satisfied
52	54		the requirement of Subsection (a), even if the landlord fails to
53	55		claim or refuses delivery of the written statement of the tenant's
54	56		forwarding address.
55	57		(d) The tenant does not forfeit the right to a refund of the
56	58		security deposit or the right to receive a description of damages
57	59		and charges merely for failing to give a forwarding address to the
58	60		landlord.
59	61		SECTION 3. Section 92.109(d), Property Code, is amended to
60	62		read as follows:
61	63		(d) A landlord is presumed to have acted in bad faith if the
62	64		landlord [who] fails either to return a security deposit or to
63	65		provide a written description and itemization of deductions on or
64	66		before the 30th day after the date the tenant has both:
65	67		(1) surrendered [surrenders] possession; and
66	68		(2) satisfied the requirement of Section 92.107(a) [is
67	69		presumed to have acted in bad faith].
68	70		SECTION 4. Section 94.157(g), Property Code, is amended to
69	71		read as follows:
70	72		(g) Repairs made based on a tenant's notice must be made by
71	73		an independent [a] company, contractor, or repairman [listed at the
72	74		time of the tenant's notice of intent to repair in the yellow or
73	75		business pages of the telephone directory or in the classified
74	76		advertising section of a newspaper of the municipality or county in
75	77		which the manufactured home community is located or in an adjacent
76	78		county]. If the rental unit is located in a municipality requiring
77	79		the company, contractor, or repairman to be licensed, the person or
78	80		entity performing the repair must be licensed by the municipality.
79	81		Unless the landlord and tenant agree otherwise under Subsection
80	82		(i), repairs may not be made by the tenant, the tenant's immediate
81	83		family, the tenant's employer or employees, or a company in which
82	84		the tenant has an ownership interest. Repairs may not be made to
83	85		the foundation or load-bearing structural elements of the
84	86		manufactured home lot.
85	87		SECTION 5. The changes in law made by this Act apply only to
86	88		a lease entered into or renewed on or after the effective date of
87	89		this Act. A lease entered into or renewed before the effective date
88	90		of this Act is governed by the law in effect immediately before the
89	91		effective date of this Act, and that law is continued in effect for
90	92		that purpose.
91	93		SECTION 6. This Act takes effect September 1, 2021.