tenant repairs no longer need a yellow pages listing

The text as introduced · 1,102 words

89R2410 CS-F

By: Middleton
S.B. No. 851

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, 2025.