AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties contend that current provisions relating to required security devices on residential rental property do not adequately address concerns involving these devices, particularly how the liability for the cost of providing these security devices is impacted by the breach of a lease by a tenant. C.S.H.B. 2404 seeks to address these concerns.

 

C.S.H.B. 2404 amends current law relating to certain security devices for residential tenancies.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 92.156, Property Code, by amending Subsection (a) and adding Subsection (e), as follows:

 

(a) Requires that, except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date.

 

(e) Authorizes the landlord, if a tenant vacates the premises in breach of a written lease, to deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction.

 

SECTION 2. Amends Section 92.157(a), Property Code, to change references to a sliding door pin lock to a sliding door handle latch.

 

SECTION 3.  Amends Section 92.1641, Property Code, to change a reference to Subsection (a) of Section 92.157 to Section 92.157(c).

 

SECTION 4. Makes application of this Act prospective.

 

SECTION 5. Effective date: September 1, 2015.