Bill Text: TX HB3405 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-05-05 - Comm. report sent to Local & Consent Calendar [HB3405 Detail]

Download: Texas-2023-HB3405-Comm_Sub.html

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88R3340 KBB-F
By: Bryant H.B. No. 3405

A BILL TO BE ENTITLED
AN ACT
relating to repairs made pursuant to a tenant's notice of intent to
repair and the refund of a tenant's security deposit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.0561(f), Property Code, is amended to
read as follows:
(f) Repairs made pursuant to the tenant's notice must be
made by an independent [a] company, contractor, or repairman
[listed in the yellow or business pages of the telephone directory
or in the classified advertising section of a newspaper of the local
city, county, or adjacent county at the time of the tenant's notice
of intent to repair]. If the rental unit is located in a
municipality requiring the company, contractor, or repairman to be
licensed, the person or entity performing the repair must be
licensed in accordance with the municipality's requirements.
Unless the landlord and tenant agree otherwise under Subsection (g)
[of this section], repairs may not be made by the tenant, the
tenant's immediate family, the tenant's employer or employees, or a
company in which the tenant has an ownership interest. Repairs may
not be made to the foundation or load-bearing structural elements
of the building if it contains two or more dwelling units.
SECTION 2. Section 92.107, Property Code, is amended to
read as follows:
Sec. 92.107. TENANT'S FORWARDING ADDRESS. (a) The
landlord is not obligated to return a tenant's security deposit or
give the tenant a written description of damages and charges until
the tenant provides [gives] the landlord a written statement of the
tenant's forwarding address for the purpose of refunding the
security deposit.
(b) A tenant may satisfy the requirement of Subsection (a):
(1) by providing the statement in accordance with the
lease; or
(2) regardless of the lease terms, by:
(A) hand-delivering the statement to the
landlord or landlord's property manager if rent has been paid in
that manner; or
(B) sending the statement to the landlord or
landlord's property manager or to an address where the tenant has
paid rent under the lease by:
(i) first class mail;
(ii) certified mail, return receipt
requested;
(iii) registered mail; or
(iv) any other delivery service that
provides delivery tracking information.
(c) A tenant who complies with Subsection (b) has satisfied
the requirement of Subsection (a), even if the landlord fails to
claim or refuses delivery of the written statement of the tenant's
forwarding address.
(d) The tenant does not forfeit the right to a refund of the
security deposit or the right to receive a description of damages
and charges merely for failing to give a forwarding address to the
landlord.
SECTION 3. Section 92.109(d), Property Code, is amended to
read as follows:
(d) A landlord is presumed to have acted in bad faith if the
landlord [who] fails either to return a security deposit or to
provide a written description and itemization of deductions on or
before the 30th day after the date the tenant has both:
(1) surrendered [surrenders] possession; and
(2) satisfied the requirement of Section 92.107(a) [is
presumed to have acted in bad faith].
SECTION 4. Section 94.107, Property Code, is amended to
read as follows:
Sec. 94.107. TENANT'S FORWARDING ADDRESS. (a) A landlord
is not obligated to return a tenant's security deposit or give the
tenant a written description of damages and charges until the
tenant provides [gives] the landlord a written statement of the
tenant's forwarding address for the purpose of refunding the
security deposit.
(b) A tenant may satisfy the requirement of Subsection (a):
(1) by providing the statement in accordance with the
lease; or
(2) regardless of the lease terms, by:
(A) hand-delivering the statement to the
landlord or landlord's property manager if rent has been paid in
that manner; or
(B) sending a statement to the landlord or
landlord's property manager or to an address where the tenant has
paid rent under the lease by:
(i) first class mail;
(ii) certified mail, return receipt
requested;
(iii) registered mail; or
(iv) any other delivery service that
provides delivery tracking information.
(c) A tenant who complies with Subsection (b) has satisfied
the requirement of Subsection (a), even if the landlord fails to
claim or refuses delivery of the written statement of the tenant's
forwarding address.
(d) The tenant does not forfeit the right to a refund of the
security deposit or the right to receive a description of damages
and charges merely for failing to give a forwarding address to the
landlord.
SECTION 5. Section 94.109(d), Property Code, is amended to
read as follows:
(d) A landlord is presumed to have acted in bad faith if the
landlord [who] fails either to return a security deposit or to
provide a written description and itemization of deductions on or
before the 30th day after the date the tenant has both:
(1) surrendered [surrenders] possession; and
(2) satisfied the requirement of Section 94.107(a) [is
presumed to have acted in bad faith].
SECTION 6. Section 94.157(g), Property Code, is amended to
read as follows:
(g) Repairs made based on a tenant's notice must be made by
an independent [a] company, contractor, or repairman [listed at the
time of the tenant's notice of intent to repair in the yellow or
business pages of the telephone directory or in the classified
advertising section of a newspaper of the municipality or county in
which the manufactured home community is located or in an adjacent
county]. If the rental unit is located in a municipality requiring
the company, contractor, or repairman to be licensed, the person or
entity performing the repair must be licensed in accordance with
the municipality's requirements. Unless the landlord and tenant
agree otherwise under Subsection (i), repairs may not be made by the
tenant, the tenant's immediate family, the tenant's employer or
employees, or a company in which the tenant has an ownership
interest. Repairs may not be made to the foundation or load-bearing
structural elements of the manufactured home lot.
SECTION 7. The changes in law made by this Act apply only to
a lease entered into or renewed on or after the effective date of
this Act. A lease entered into or renewed before the effective date
of this Act is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 8. This Act takes effect September 1, 2023.