| 1 | 1 | | 88R5924 SHH-D |
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| 2 | 2 | | By: Vasut H.B. No. 1262 |
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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 written notice to vacate real property |
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| 8 | 8 | | by electronic means. |
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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 Subsections (f-3) and (f-4) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (f) Except as provided by Subsections [Subsection] (f-1) |
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| 14 | 14 | | and (f-3), the notice to vacate shall be given in person or by mail |
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| 15 | 15 | | at the premises in question. Notice in person may be by personal |
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| 16 | 16 | | delivery to the tenant or any person residing at the premises who is |
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| 17 | 17 | | 16 years of age or older or personal delivery to the premises and |
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| 18 | 18 | | affixing the notice to the inside of the main entry door. Notice by |
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| 19 | 19 | | mail may be by regular mail, by registered mail, or by certified |
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| 20 | 20 | | mail, return receipt requested, to the premises in question. |
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| 21 | 21 | | (f-3) Notwithstanding Subsections (f) and (f-1), a landlord |
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| 22 | 22 | | may give written notice to vacate to a tenant by sending the notice |
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| 23 | 23 | | by at least two electronic means, including e-mail, text message, |
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| 24 | 24 | | fax, and social media message, if: |
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| 25 | 25 | | (1) both parties agree, in a conspicuous writing |
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| 26 | 26 | | separate from any written lease, that the notice may be given by |
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| 27 | 27 | | sending the notice by at least two electronic means; and |
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| 28 | 28 | | (2) the tenant provides in the writing described by |
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| 29 | 29 | | Subdivision (1) the information required for the landlord to send |
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| 30 | 30 | | the notice by at least two electronic means. |
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| 31 | 31 | | (f-4) Notice to vacate given under Subsection (f-3) is |
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| 32 | 32 | | considered delivered on the date notice is sent by at least two |
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| 33 | 33 | | electronic means for which information was provided by the tenant, |
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| 34 | 34 | | regardless of the date the notice is received. |
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| 35 | 35 | | SECTION 2. This Act takes effect September 1, 2023. |
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