By: Giddings H.B. No. 1190
73R1043 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain safety standards for residential rental
1-3 property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 92.153, Property Code, is amended to read
1-6 as follows:
1-7 Sec. 92.153. Duty To Install, Change, Or Rekey. (a) Except
1-8 as provided by Section 92.1531, the <The> landlord shall install,
1-9 change, or rekey a security device according to this subchapter
1-10 after the landlord receives a request from the tenant of a
1-11 dwelling. If the tenant's lease is in writing, the lease may
1-12 require the request to be written.
1-13 (b) The landlord may select how and where a security device
1-14 is installed in a tenant's dwelling. The landlord's obligation
1-15 under Subsection (a) is limited to installing:
1-16 (1) one window latch on each exterior window; and
1-17 (2) <one pin lock on each exterior sliding glass door;
1-18 and>
1-19 <(3)> one deadbolt lock and one night latch on each
1-20 exterior door other than a sliding glass door, screen door, or
1-21 garage door, but including a door between the living area and a
1-22 garage.
1-23 (c) A tenant may require a security device to be changed or
1-24 rekeyed an unlimited number of times.
2-1 (d) Before complying with a request under Subsection (a) to
2-2 install, change, or rekey a security device, the landlord may
2-3 require all the tenants of a dwelling to approve the request.
2-4 (e) The landlord must comply with the request under
2-5 Subsection (a) to install, change, or rekey within a reasonable
2-6 time, which is presumed to be before the 15th day after the date
2-7 the request is received. The landlord may rebut the presumption by
2-8 proving that despite the diligence of the landlord's representative
2-9 a longer time is reasonable because:
2-10 (1) without the fault of the landlord or his
2-11 representative the landlord did not know of the tenant's request;
2-12 (2) the landlord required a cotenant to approve the
2-13 request, and the cotenant delayed approval or did not approve;
2-14 (3) the tenant did not pay in advance charges
2-15 requested by the landlord and authorized by Section 92.154;
2-16 (4) materials, labor, or utilities were unavailable;
2-17 or
2-18 (5) the delay was caused by circumstances beyond the
2-19 landlord's control, including the illness or death of the landlord
2-20 or a member of the landlord's family.
2-21 SECTION 2. Subchapter D, Chapter 92, Property Code, is
2-22 amended by adding Section 92.1531 to read as follows:
2-23 Sec. 92.1531. DUTY TO INSTALL LOCK ON SLIDING GLASS DOOR.
2-24 (a) A landlord shall install at least one pin lock on each
2-25 exterior sliding glass door in the tenant's dwelling.
2-26 (b) A tenant may request that a landlord change a pin lock
2-27 under Section 92.153.
3-1 SECTION 3. Section 92.154, Property Code, is amended to read
3-2 as follows:
3-3 Sec. 92.154. Payment of Costs. (a) A tenant who requests
3-4 the landlord to install, change, or rekey a security device under
3-5 Subsection (a) of Section 92.153 must pay the total cost to the
3-6 landlord for complying with the request, even though the work is
3-7 performed by the landlord's employees or by an independent
3-8 contractor selected by the landlord, except the landlord may not
3-9 charge the tenant for any part of the cost to:
3-10 (1) install a window latch if there has not been a
3-11 window latch on the window during the tenant's occupancy; or
3-12 (2) install a deadbolt lock if there has not been
3-13 either a deadbolt lock or a doorknob lock on the door during the
3-14 tenant's occupancy<; or>
3-15 <(3) install a pin lock if there has not been a pin
3-16 lock or other operable lock on the sliding glass door during the
3-17 tenant's occupancy>.
3-18 (b) A landlord may not charge the tenant for any part of the
3-19 cost of installing a pin lock under Section 92.1531.
3-20 (c) <(b)> The landlord may not charge a tenant more than the
3-21 total cost for labor, materials, taxes, and extra keys. If the
3-22 landlord's employees perform the work, the cost may include a
3-23 reasonable charge for overhead but may not include a profit to the
3-24 landlord.
3-25 (d) <(c)> The landlord may require advance payment of
3-26 charges authorized by this section.
3-27 SECTION 4. Section 92.156, Property Code, is amended to read
4-1 as follows:
4-2 Sec. 92.156. Landlord's Failure to Comply. (a) A landlord
4-3 who does not comply with a request to install, change, or rekey a
4-4 security device in the manner and within the time required by
4-5 Section 92.153 is liable according to this subchapter if:
4-6 (1) the tenant gives the landlord written notice that
4-7 if the landlord does not comply with the request before the eighth
4-8 day after the date the landlord receives the notice the tenant may
4-9 exercise the remedies provided by this subchapter; and
4-10 (2) the landlord does not comply with the tenant's
4-11 request before the eighth day after the date the tenant gave the
4-12 landlord the notice.
4-13 (b) A landlord who does not install a pin lock as required
4-14 by Section 92.1531 is liable under this subchapter.
4-15 SECTION 5. Section 92.157, Property Code, is amended to read
4-16 as follows:
4-17 Sec. 92.157. Tenant Remedies. The tenant of a landlord who
4-18 is liable under Section 92.156 may:
4-19 (1) if the tenant is in possession of the dwelling,
4-20 obtain a court order directing the landlord to install, change, or
4-21 rekey a security device as required by <requested by the tenant
4-22 under> this subchapter;
4-23 (2) obtain a judgment against the landlord for actual
4-24 damages suffered by the tenant because of the landlord's violation;
4-25 (3) obtain a judgment against the landlord for one
4-26 month's rent plus $100;
4-27 (4) obtain a judgment against the landlord for court
5-1 costs and attorney's fees; and
5-2 (5) unilaterally terminate the lease without court
5-3 proceedings.
5-4 SECTION 6. Section 92.158, Property Code, is amended to read
5-5 as follows:
5-6 Sec. 92.158. Landlord's Defenses. The landlord has a
5-7 defense to liability under Subsection (a) of Section 92.156 if:
5-8 (1) the tenant owes rent on the date the tenant gives
5-9 a request under Subsection (a) of Section 92.153 or the notice
5-10 required by Section 92.156; or
5-11 (2) on the date the tenant terminates the lease or
5-12 files suit the tenant has not fully paid costs requested by the
5-13 landlord and authorized by Section 92.154.
5-14 SECTION 7. The changes in law made by this Act apply only to
5-15 a tenant's dwelling that is subject to a lease that is executed or
5-16 renewed on or after the effective date of this Act. A dwelling
5-17 subject to a lease that was executed or renewed before that date is
5-18 subject to the law as it existed on the date of execution or
5-19 renewal, and the prior law is continued in effect for that purpose.
5-20 SECTION 8. This Act takes effect September 1, 1993.
5-21 SECTION 9. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended.