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89(R) HB 2037 - Enrolled version - Bill Text
H.B. No. 2037
AN ACT
relating to repairs made pursuant to a residential or manufactured
home tenant's notice of intent to repair and the provision of notice
regarding a residential or manufactured home 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. Subchapter C, Chapter 92, Property Code, is
amended by adding Sections 92.112 and 92.113 to read as follows:
Sec.
92.112.
AGENTS FOR DELIVERY OF NOTICE. A managing
agent, leasing agent, or resident manager is the agent of the
landlord for purposes of notice and other communications required
or permitted by this subchapter.
Sec.
92.113.
NOTICE BY E-MAIL.
(a)
Notice and other
communications required or permitted by this subchapter may be sent
by e-mail if the tenant and the landlord or landlord's agent have
previously communicated by e-mail.
(b)
The landlord or landlord's agent may designate a
specific e-mail address for a tenant to use for the purpose of
Subsection (a).
SECTION 3. Subchapter C, Chapter 94, Property Code, is
amended by adding Sections 94.110 and 94.111 to read as follows:
Sec.
94.110.
AGENTS FOR DELIVERY OF NOTICE. A managing
agent, leasing agent, or resident manager is the agent of the
landlord for purposes of notice and other communications required
or permitted by this subchapter.
Sec.
94.111.
NOTICE BY E-MAIL.
(a)
Notice and other
communications required or permitted by this subchapter may be sent
by e-mail if the tenant and the landlord or landlord's agent have
previously communicated by e-mail.
(b)
The landlord or landlord's agent may designate a
specific e-mail address for a tenant to use for the purpose of
Subsection (a).
SECTION 4. 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 5. 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 6. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 2037 was passed by the House on May 2,
2025, by the following vote: Yeas 126, Nays 1, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2037 was passed by the Senate on May
28, 2025, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor