Texas 2023 - 88th Regular

Texas Senate Bill SB2493 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2493
2	2
3	3
4	4	AN ACT
5	5	relating to repairs made pursuant to a tenant's notice of intent to
6	6	repair and the refund of a tenant's security deposit.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 92.0561(f), Property Code, is amended to
9	9	read as follows:
10	10	(f) Repairs made pursuant to the tenant's notice must be
11	11	made by an independent [a] company, contractor, or repairman
12	12	[listed in the yellow or business pages of the telephone directory
13	13	or in the classified advertising section of a newspaper of the local
14	14	city, county, or adjacent county at the time of the tenant's notice
15	15	of intent to repair]. If the rental unit is located in a
16	16	municipality requiring the company, contractor, or repairman to be
17	17	licensed, the person or entity performing the repair must be
18	18	licensed in accordance with the municipality's requirements.
19	19	Unless the landlord and tenant agree otherwise under Subsection (g)
20	20	[of this section], repairs may not be made by the tenant, the
21	21	tenant's immediate family, the tenant's employer or employees, or a
22	22	company in which the tenant has an ownership interest. Repairs may
23	23	not be made to the foundation or load-bearing structural elements
24	24	of the building if it contains two or more dwelling units.
25	25	SECTION 2. Section 92.107, Property Code, is amended to
26	26	read as follows:
27	27	Sec. 92.107. TENANT'S FORWARDING ADDRESS. (a) The
28	28	landlord is not obligated to return a tenant's security deposit or
29	29	give the tenant a written description of damages and charges until
30	30	the tenant provides [gives] the landlord a written statement of the
31	31	tenant's forwarding address for the purpose of refunding the
32	32	security deposit.
33	33	(b) A tenant may satisfy the requirement of Subsection (a):
34	34	(1) by providing the statement in accordance with the
35	35	lease; or
36	36	(2) regardless of the lease terms, by:
37	37	(A) hand-delivering the statement to the
38	38	landlord or landlord's property manager if rent has been paid in
39	39	that manner; or
40	40	(B) sending the statement to the landlord or
41	41	landlord's property manager or to an address where the tenant has
42	42	paid rent under the lease by:
43	43	(i) first class mail;
44	44	(ii) certified mail, return receipt
45	45	requested;
46	46	(iii) registered mail; or
47	47	(iv) any other delivery service that
48	48	provides delivery tracking information.
49	49	(c) A tenant who complies with Subsection (b) has satisfied
50	50	the requirement of Subsection (a), even if the landlord fails to
51	51	claim or refuses delivery of the written statement of the tenant's
52	52	forwarding address.
53	53	(d) The tenant does not forfeit the right to a refund of the
54	54	security deposit or the right to receive a description of damages
55	55	and charges merely for failing to give a forwarding address to the
56	56	landlord.
57	57	SECTION 3. Section 92.109(d), Property Code, is amended to
58	58	read as follows:
59	59	(d) A landlord is presumed to have acted in bad faith if the
60	60	landlord [who] fails either to return a security deposit or to
61	61	provide a written description and itemization of deductions on or
62	62	before the 30th day after the date the tenant has both:
63	63	(1) surrendered [surrenders] possession; and
64	64	(2) satisfied the requirement of Section 92.107(a) [is
65	65	presumed to have acted in bad faith].
66	66	SECTION 4. Section 94.107, Property Code, is amended to
67	67	read as follows:
68	68	Sec. 94.107. TENANT'S FORWARDING ADDRESS. (a) A landlord
69	69	is not obligated to return a tenant's security deposit or give the
70	70	tenant a written description of damages and charges until the
71	71	tenant provides [gives] the landlord a written statement of the
72	72	tenant's forwarding address for the purpose of refunding the
73	73	security deposit.
74	74	(b) A tenant may satisfy the requirement of Subsection (a):
75	75	(1) by providing the statement in accordance with the
76	76	lease; or
77	77	(2) regardless of the lease terms, by:
78	78	(A) hand-delivering the statement to the
79	79	landlord or landlord's property manager if rent has been paid in
80	80	that manner; or
81	81	(B) sending a statement to the landlord or
82	82	landlord's property manager or to an address where the tenant has
83	83	paid rent under the lease by:
84	84	(i) first class mail;
85	85	(ii) certified mail, return receipt
86	86	requested;
87	87	(iii) registered mail; or
88	88	(iv) any other delivery service that
89	89	provides delivery tracking information.
90	90	(c) A tenant who complies with Subsection (b) has satisfied
91	91	the requirement of Subsection (a), even if the landlord fails to
92	92	claim or refuses delivery of the written statement of the tenant's
93	93	forwarding address.
94	94	(d) The tenant does not forfeit the right to a refund of the
95	95	security deposit or the right to receive a description of damages
96	96	and charges merely for failing to give a forwarding address to the
97	97	landlord.
98	98	SECTION 5. Section 94.109(d), Property Code, is amended to
99	99	read as follows:
100	100	(d) A landlord is presumed to have acted in bad faith if the
101	101	landlord [who] fails either to return a security deposit or to
102	102	provide a written description and itemization of deductions on or
103	103	before the 30th day after the date the tenant has both:
104	104	(1) surrendered [surrenders] possession; and
105	105	(2) satisfied the requirement of Section 94.107(a) [is
106	106	presumed to have acted in bad faith].
107	107	SECTION 6. Section 94.157(g), Property Code, is amended to
108	108	read as follows:
109	109	(g) Repairs made based on a tenant's notice must be made by
110	110	an independent [a] company, contractor, or repairman [listed at the
111	111	time of the tenant's notice of intent to repair in the yellow or
112	112	business pages of the telephone directory or in the classified
113	113	advertising section of a newspaper of the municipality or county in
114	114	which the manufactured home community is located or in an adjacent
115	115	county]. If the rental unit is located in a municipality requiring
116	116	the company, contractor, or repairman to be licensed, the person or
117	117	entity performing the repair must be licensed in accordance with
118	118	the municipality's requirements. Unless the landlord and tenant
119	119	agree otherwise under Subsection (i), repairs may not be made by the
120	120	tenant, the tenant's immediate family, the tenant's employer or
121	121	employees, or a company in which the tenant has an ownership
122	122	interest. Repairs may not be made to the foundation or load-bearing
123	123	structural elements of the manufactured home lot.
124	124	SECTION 7. The changes in law made by this Act apply only to
125	125	a lease entered into or renewed on or after the effective date of
126	126	this Act. A lease entered into or renewed before the effective date
127	127	of this Act is governed by the law in effect immediately before the
128	128	effective date of this Act, and that law is continued in effect for
129	129	that purpose.
130	130	SECTION 8. This Act takes effect September 1, 2023.
131	131	______________________________ ______________________________
132	132	President of the Senate Speaker of the House
133	133	I hereby certify that S.B. No. 2493 passed the Senate on
134	134	April 27, 2023, by the following vote: Yeas 31, Nays 0.
135	135	______________________________
136	136	Secretary of the Senate
137	137	I hereby certify that S.B. No. 2493 passed the House on
138	138	May 19, 2023, by the following vote: Yeas 139, Nays 4,
139	139	two present not voting.
140	140	______________________________
141	141	Chief Clerk of the House
142	142	Approved:
143	143	______________________________
144	144	Date
145	145	______________________________
146	146	Governor