Texas 2023 - 88th Regular

Texas House Bill HB1262

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the provision of written notice to vacate real property by electronic means.

Impact

If enacted, HB 1262 will have significant implications for property law in Texas, particularly affecting tenants' rights and responsibilities. The bill will allow landlords to provide notice to vacate in a manner that aligns with contemporary communication practices. However, it does require both parties to agree in writing to these electronic communication methods, ensuring that tenants have a say in how they receive such notifications. This legislative change is expected to streamline the process of eviction, reduce delays associated with traditional notice delivery, and ultimately enhance efficiency in property management.

Summary

House Bill 1262 seeks to amend the provision of written notice to vacate real property by allowing such notifications to be sent electronically, specifically through at least two electronic means like email, text messaging, or social media. This legislative change aims to modernize communication methods between landlords and tenants, particularly in an age where electronic communication is prevalent. Under the current law, notice to vacate must be given in person or via traditional mail, which can be less efficient and timely. By facilitating electronic notifications, the bill emphasizes improving the responsiveness and clarity of communication in landlord-tenant relationships.

Sentiment

The general sentiment surrounding HB 1262 appears to be positive among legislators advocating for modernizing property laws to reflect technological advancements. Proponents argue that this bill is valuable for both landlords and tenants, as it can improve communication effectiveness and cater to the preferences of a digitally inclined society. Nevertheless, there are potential concerns regarding whether all tenants will be comfortable or capable of managing electronic communications, particularly those lacking consistent internet access or familiarity with technology. Debate may arise around ensuring that the agreement to communicate electronically does not disadvantage certain groups of tenants.

Contention

One notable point of contention might include the balance between facilitating efficient communication and ensuring adequate tenant protections. While the transition to electronic notices could streamline processes, there are concerns that not all tenants may have equal access to electronic means of communication, raising questions about fairness and transparency. There may also be deliberation on how to enforce agreements regarding electronic communication, particularly in terms of record-keeping for landlords and ensuring that tenants are adequately notified of their rights in this new framework. Overall, while the bill signals a progressive shift in property law, it is essential to consider comprehensive measures to safeguard tenant rights amidst these changes.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 24. Forcible Entry And Detainer
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB5486

Relating to the provision of written notice to vacate real property.

TX H0615

Electronic Delivery of Notices Between Landlords and Tenants

TX HB1162

Relating to the provision of notice to vacate to certain commercial tenants in an eviction suit.

TX HB3551

Relating to the notice to vacate the premises in forcible entry and detainer actions.

TX AB223

Revises provisions relating to the habitability of rental property. (BDR 10-684)

TX SB223

Revises provisions relating to real property. (BDR 2-657)

TX SB766

Relating to notices required and the opportunity to cure default in connection with foreclosure of a lien against residential property; providing a penalty.

TX SB472

Relating to notice required before and period to vacate after foreclosure sale of real property.

TX AB340

Revises provisions governing certain actions and proceedings relating to real property. (BDR 3-77)

TX SB1042

Enacts provisions relating to electronic delivery of insurance documents or notices

Similar Bills

No similar bills found.