SB851 - Relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit.

  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.