By Naishtat, et al.                                   H.B. No. 1368
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to security devices for certain rental dwellings;
    1-3  providing civil penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 92.001, Property Code, is amended to read
    1-6  as follows:
    1-7        Sec. 92.001.  Definitions.  Except as otherwise provided by
    1-8  this chapter, in <In> this chapter:
    1-9              (1)  "Dwelling" means one or more rooms rented for use
   1-10  as a permanent residence under a single lease to one or more
   1-11  tenants.
   1-12              (2)  "Landlord" means the owner, lessor, or sublessor
   1-13  of a dwelling, but does not include a manager or agent of the
   1-14  landlord unless the manager or agent purports to be the owner,
   1-15  lessor, or sublessor in an oral or written lease.
   1-16              (3)  "Lease" means any written or oral agreement
   1-17  between a landlord and tenant that establishes or modifies the
   1-18  terms, conditions, rules, or other provisions regarding the use and
   1-19  occupancy of a dwelling.
   1-20              (4)  "Normal wear and tear" means deterioration that
   1-21  results from the intended use of a dwelling, including, for the
   1-22  purposes of Subchapters <Subchapter> B and D, breakage or
   1-23  malfunction due to age or deteriorated condition, but the term does
   1-24  not include deterioration that results from negligence,
    2-1  carelessness, accident, or abuse of the premises, equipment, or
    2-2  chattels by the tenant, by a member of the tenant's household, or
    2-3  by a guest of the tenant.
    2-4              (5)  "Premises" means a tenant's rental unit, any area
    2-5  or facility the lease authorizes the tenant to use, and the
    2-6  appurtenances, grounds, and facilities held out for the use of
    2-7  tenants generally.
    2-8              (6)  "Tenant" means a person who is authorized by a
    2-9  lease to occupy a dwelling to the exclusion of others and, for the
   2-10  purposes of Subchapters D, E, and F, who is obligated under the
   2-11  lease to pay rent.
   2-12        SECTION 2.  Section 92.005, Property Code, is amended to read
   2-13  as follows:
   2-14        Sec. 92.005.  Attorney's Fees.  (a)  A party who prevails in
   2-15  a suit brought under Subchapter B, <D,> E, or F may recover the
   2-16  party's costs of court and reasonable attorney's fees in relation
   2-17  to work reasonably expended.
   2-18        (b)  This section does not authorize a recovery of attorney's
   2-19  fees in an action brought under Subchapter <D,> E<,> or F for
   2-20  damages that relate to or arise from property damage, personal
   2-21  injury, or a criminal act.
   2-22        SECTION 3.  Subchapter D, Chapter 92, Property Code, is
   2-23  amended to read as follows:
   2-24                    SUBCHAPTER D.  SECURITY DEVICES
   2-25        Sec. 92.151.  DEFINITIONS.  In this subchapter:
   2-26              (1)  "Doorknob lock" means a lock in a doorknob, with
   2-27  the lock operated from the exterior by a key, card, or combination
    3-1  and from the interior without a key, card, or combination.
    3-2              (2)  "Door viewer" means a permanently installed device
    3-3  in an exterior door that allows a person inside the dwelling to
    3-4  view a person outside the door.  The device must be:
    3-5                    (A)  a clear glass pane or one-way mirror; or
    3-6                    (B)  a peephole having a barrel with a one-way
    3-7  lens of glass or other substance providing an angle view of not
    3-8  less than 160 degrees.
    3-9              (3)  "Exterior door" means a door providing access from
   3-10  a dwelling interior to the exterior.  The term includes a door
   3-11  between a living area and a garage but does not include a sliding
   3-12  glass door or a screen door.
   3-13              (4)  "French doors" means a set of two exterior doors
   3-14  in which each door is hinged and abuts the other door when closed.
   3-15  The term includes double-hinged patio doors.
   3-16              (5)  "Keyed dead bolt" means:
   3-17                    (A)  a door lock not in the doorknob that:
   3-18                          (i)  locks with a bolt into the doorjamb;
   3-19  and
   3-20                          (ii)  is operated from the exterior by a
   3-21  key, card, or combination and from the interior by a knob or lever
   3-22  without a key, card, or combination; or
   3-23                    (B)  a doorknob lock that contains a bolt with at
   3-24  least a one-inch throw.
   3-25              (6)  "Keyless bolting device" means a door lock not in
   3-26  the doorknob that locks:
   3-27                    (A)  with a bolt into a strike plate screwed into
    4-1  the portion of the doorjamb surface that faces the edge of the door
    4-2  when the door is closed or into a metal doorjamb that serves as the
    4-3  strike plate, operable only by knob or lever from the door's
    4-4  interior and not in any manner from the door's exterior, and that
    4-5  is commonly known as a keyless dead bolt; or
    4-6                    (B)  by a drop bolt system operated by inserting
    4-7  a metal plate over a metal strike plate that is mounted into the
    4-8  doorjamb with three case-hardened screws at least three inches in
    4-9  length, and that prevents the door from being opened unless the
   4-10  metal plate is removed from the strike plate, and that does not
   4-11  allow the metal plate to be lifted off of the strike plate from the
   4-12  exterior when the door is closed.
   4-13        The term "keyless bolting device" does not include a chain
   4-14  latch, flip latch, surface-mounted slide bolt, mortise door bolt,
   4-15  surface-mounted barrel bolt, surface-mounted swing bar door guard,
   4-16  spring-loaded nightlatch, foot bolt, or other lock or latch.
   4-17              (7)  "Landlord" means a dwelling owner, lessor,
   4-18  sublessor, management company, or managing agent, including an
   4-19  on-site manager.
   4-20              (8)  "Multiunit complex" means two or more dwellings in
   4-21  one or more buildings that are:
   4-22                    (A)  under common ownership;
   4-23                    (B)  managed by the same owner, agent, or
   4-24  management company; and
   4-25                    (C)  located on the same lot or tract or adjacent
   4-26  lots or tracts of land.
   4-27              (9)  "Possession of a dwelling" means occupancy by a
    5-1  tenant under a lease, including occupancy until the time the tenant
    5-2  moves out or a writ of possession is issued by a court.  The term
    5-3  does not include occupancy before the initial occupancy date
    5-4  authorized under a lease.
    5-5              (10)  "Rekey" means to change or alter a security
    5-6  device that is operated by a key, card, or combination so that a
    5-7  different key, card, or combination is necessary to operate the
    5-8  security device.
    5-9              (11)  "Security device" means a doorknob lock, door
   5-10  viewer, keyed dead bolt, keyless bolting device, sliding door
   5-11  handle latch, sliding door pin lock, sliding door security bar, or
   5-12  window latch in a dwelling.
   5-13              (12)  "Sliding door handle latch" means a latch or
   5-14  lock:
   5-15                    (A)  located near the handle on a sliding glass
   5-16  door;
   5-17                    (B)  operated with or without a key; and
   5-18                    (C)  designed to prevent the door from being
   5-19  opened.
   5-20              (13)  "Sliding door pin lock" means a lock on a sliding
   5-21  glass door that consists of a pin or nail inserted from the
   5-22  interior side of the door at the side opposite the door's handle
   5-23  and that is designed to prevent the door from being opened or
   5-24  lifted.
   5-25              (14)  "Sliding door security bar" means a bar or rod
   5-26  that can be placed at the bottom of or across the interior side of
   5-27  the fixed panel of a sliding glass door and that is designed to
    6-1  prevent the door from being opened.
    6-2              (15)  "Tenant turnover date" means the date a new
    6-3  tenant moves into a dwelling under a lease after all previous
    6-4  tenants have moved out.  The term does not include dates of entry
    6-5  or occupation not authorized by the landlord.
    6-6              (16)  "Window latch" means a device on a window that
    6-7  prevents the window from being opened and that is operated without
    6-8  a key and only from the interior.
    6-9        Sec. 92.152.  APPLICATION OF SUBCHAPTER.  (a)  This
   6-10  subchapter does not apply to a room in a hotel, motel, or inn or to
   6-11  similar transient housing.
   6-12        (b)  A dwelling to which this subchapter applies includes:
   6-13              (1)  a room in a dormitory or rooming house;
   6-14              (2)  a mobile home;
   6-15              (3)  a single family house, duplex, or triplex; and
   6-16              (4)  a living unit in an apartment, condominium,
   6-17  cooperative, or townhome project.
   6-18        Sec. 92.153.  SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF
   6-19  TENANT REQUEST.  (a)  Except as provided by Subsections (b), (e),
   6-20  (f), and (g) and without necessity of request by the tenant, a
   6-21  dwelling must be equipped with:
   6-22              (1)  a window latch on each exterior window of the
   6-23  dwelling;
   6-24              (2)  a doorknob lock or keyed dead bolt on each
   6-25  exterior door;
   6-26              (3)  a sliding door pin lock, a sliding door handle
   6-27  latch, or a sliding door security bar on each exterior sliding
    7-1  glass door of the dwelling, if construction of the dwelling was
    7-2  completed before September 1, 1993, and the calendar date is before
    7-3  January 1, 1995;
    7-4              (4)  a sliding door pin lock and a sliding door handle
    7-5  latch or a sliding door security bar on each exterior sliding glass
    7-6  door of the dwelling, if construction of the dwelling was completed
    7-7  on or after September 1, 1993, or the calendar date is January 1,
    7-8  1995, or later;
    7-9              (5)  a keyless bolting device and a door viewer on each
   7-10  exterior door of the dwelling, if initial construction of the
   7-11  dwelling was completed on or after September 1, 1993; and
   7-12              (6)  a keyless bolting device and a door viewer on each
   7-13  exterior door of the dwelling, if the calendar date is January 1,
   7-14  1995, or later.
   7-15        (b)  If the dwelling has French doors, one door of each pair
   7-16  of French doors must meet the requirements of Subsection (a) and
   7-17  the other door must have:
   7-18              (1)  a keyed dead bolt or keyless bolting device
   7-19  capable of insertion into the doorjamb above the door and a keyless
   7-20  bolting device capable of insertion into the floor or threshold,
   7-21  each with a bolt having a throw of one inch or more; or
   7-22              (2)  a bolt installed inside the door and operated from
   7-23  the edge of the door, capable of insertion into the doorjamb above
   7-24  the door, and another bolt installed inside the door and operated
   7-25  from the edge of the door capable of insertion into the floor or
   7-26  threshold, each bolt having a throw of three-fourths inch or more.
   7-27        (c)  A security device required by Subsection (a) or (b) must
    8-1  be installed at the landlord's expense.
    8-2        (d)  Subsections (a) and (b) apply only when a tenant is in
    8-3  possession of a dwelling.
    8-4        (e)  A keyless bolting device is not required to be installed
    8-5  at the landlord's expense on an exterior door if:
    8-6              (1)  the dwelling is part of a multiunit complex in
    8-7  which the majority of dwelling units are leased to tenants who are
    8-8  over 55 years of age or who have a physical or mental disability;
    8-9              (2)  the tenant in the dwelling is over 55 years of age
   8-10  or has a physical or mental disability; and
   8-11              (3)  the landlord is expressly required or permitted to
   8-12  periodically check on the well-being or health of the tenant as a
   8-13  part of a written lease or other written agreement.
   8-14        (f)  A keyed dead bolt or a doorknob lock is not required to
   8-15  be installed at the landlord's expense on an exterior door if at
   8-16  the time the tenant agrees to lease the dwelling:
   8-17              (1)  at least one exterior door usable for normal entry
   8-18  into the dwelling has both a keyed dead bolt and a keyless bolting
   8-19  device, installed in accordance with the height, strike plate, and
   8-20  throw requirements of Section 92.154; and
   8-21              (2)  all other exterior doors have a keyless bolting
   8-22  device installed in accordance with the height, strike plate, and
   8-23  throw requirements of Section 92.154.
   8-24        (g)  A security device required by this section must be
   8-25  operable throughout the time a tenant is in possession of a
   8-26  dwelling.  However, a landlord may deactivate or remove the locking
   8-27  mechanism of a doorknob lock or remove any device not qualifying as
    9-1  a keyless bolting device if a keyed dead bolt has been installed on
    9-2  the same door.
    9-3        Sec. 92.154.  HEIGHT, STRIKE PLATE, AND THROW
    9-4  REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE.  (a)  A
    9-5  keyed dead bolt or a keyless bolting device required by this
    9-6  subchapter must be installed at a height:
    9-7              (1)  not lower than 36 inches from the floor; and
    9-8              (2)  not higher than:
    9-9                    (A)  54 inches from the floor, if installed
   9-10  before September 1, 1993; or
   9-11                    (B)  48 inches from the floor, if installed on or
   9-12  after September 1, 1993.
   9-13        (b)  A keyed dead bolt or a keyless bolting device in a
   9-14  dwelling must:
   9-15              (1)  have a strike plate screwed into the portion of
   9-16  the doorjamb surface that faces the edge of the door when the door
   9-17  is closed; or
   9-18              (2)  be installed in a door with a metal doorjamb that
   9-19  serves as the strike plate.
   9-20        (c)  A keyed dead bolt or keyless dead bolt, as described by
   9-21  Section 92.151(6)(A), installed in a dwelling on or after September
   9-22  1, 1993, must have a bolt with a throw of not less than one inch.
   9-23        (d)  The requirements of this section do not apply to a keyed
   9-24  dead bolt or a keyless bolting device in one door of a pair of
   9-25  French doors that is installed in accordance with the requirements
   9-26  of Section 92.153(b)(1) or (2).
   9-27        Sec. 92.155.  HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY
   10-1  DEVICES.  A sliding door pin lock or sliding door security bar
   10-2  required by this subchapter must be installed at a height not
   10-3  higher than:
   10-4              (1)  54 inches from the floor, if installed before
   10-5  September 1, 1993; or
   10-6              (2)  48 inches from the floor, if installed on or after
   10-7  September 1, 1993.
   10-8        Sec. 92.156.  REKEYING OR CHANGE OF SECURITY DEVICES.  (a)  A
   10-9  security device operated by a key, card, or combination shall be
  10-10  rekeyed by the landlord at the landlord's expense not later than
  10-11  the seventh day after each tenant turnover date.
  10-12        (b)  A landlord shall perform additional rekeying or change a
  10-13  security device at the tenant's expense if requested by the tenant.
  10-14  A tenant may make an unlimited number of requests under this
  10-15  subsection.
  10-16        (c)  The expense of rekeying security devices for purposes of
  10-17  the use or change of the landlord's master key must be paid by the
  10-18  landlord.
  10-19        (d)  This section does not apply to locks on closet doors or
  10-20  other interior doors.
  10-21        Sec. 92.157.  SECURITY DEVICES REQUESTED BY TENANT.  (a)  At
  10-22  a tenant's request made at any time, a landlord, at the tenant's
  10-23  expense, shall install:
  10-24              (1)  a keyed dead bolt on an exterior door if the door
  10-25  has:
  10-26                    (A)  a doorknob lock but not a keyed dead bolt;
  10-27  or
   11-1                    (B)  a keyless bolting device but not a keyed
   11-2  dead bolt or doorknob lock; and
   11-3              (2)  a sliding door pin lock or sliding door security
   11-4  bar if the door is an exterior sliding glass door without a sliding
   11-5  door pin lock or sliding door security bar.
   11-6        (b)  At a tenant's request made before January 1, 1995, a
   11-7  landlord, at the tenant's expense, shall install on an exterior
   11-8  door of a dwelling constructed before September 1, 1993:
   11-9              (1)  a keyless bolting device if the door does not have
  11-10  a keyless bolting device; and
  11-11              (2)  a door viewer if the door does not have a door
  11-12  viewer.
  11-13        (c)  If a security device required by Section 92.153 to be
  11-14  installed on or after January 1, 1995, without necessity of a
  11-15  tenant's request has not been installed by the landlord, the tenant
  11-16  may request the landlord to immediately install it, and the
  11-17  landlord shall immediately install it at the landlord's expense.
  11-18        Sec. 92.158.  LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY
  11-19  DEVICE.  During the lease term and any renewal period, a landlord
  11-20  shall repair or replace a security device on request or
  11-21  notification by the tenant that the security device is inoperable
  11-22  or in need of repair or replacement.
  11-23        Sec. 92.159.  WHEN TENANT'S REQUEST OR NOTICE MUST BE IN
  11-24  WRITING.  A tenant's request or notice under this subchapter may be
  11-25  given orally unless the tenant has a written lease that requires
  11-26  the request or notice to be in writing and that requirement is
  11-27  underlined or in boldfaced print in the lease.
   12-1        Sec. 92.160.  TYPE, BRAND, AND MANNER OF INSTALLATION.
   12-2  Except as otherwise required by this subchapter, a landlord may
   12-3  select the type, brand, and manner of installation, including
   12-4  placement, of a security device installed under this subchapter.
   12-5  This section does not apply to a security device installed,
   12-6  repaired, changed, replaced, or rekeyed by a tenant under Section
   12-7  92.164(a)(1) or 92.165(1).
   12-8        Sec. 92.161.  COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN
   12-9  REASONABLE TIME.  (a)  Except as provided by Subsection (b), a
  12-10  landlord must comply with a tenant's request for rekeying,
  12-11  changing, installing, repairing, or replacing a security device
  12-12  under Section 92.156, 92.157, or 92.158 within a reasonable time.
  12-13  A reasonable time for purposes of this subsection is presumed to be
  12-14  not later than the seventh day after the date the request is
  12-15  received by the landlord.
  12-16        (b)  If within the time allowed under Section 92.162(c) a
  12-17  landlord requests advance payment of charges that the landlord is
  12-18  entitled to collect under that section, the landlord shall comply
  12-19  with a tenant's request under Section 92.156(b), 92.157(a), or
  12-20  92.157(b) within a reasonable time.  A reasonable time for purposes
  12-21  of this subsection is presumed to be not later than the seventh day
  12-22  after the date a tenant's advance payment is received by the
  12-23  landlord, except as provided by Subsection (c).
  12-24        (c)  A reasonable time for purposes of Subsection (b) is
  12-25  presumed to be not later than 72 hours after the time of receipt of
  12-26  the tenant's request and the tenant's advance payment if at the
  12-27  time of making the request the tenant informed the landlord that:
   13-1              (1)  an unauthorized entry occurred or was attempted in
   13-2  the tenant's dwelling;
   13-3              (2)  an unauthorized entry occurred or was attempted in
   13-4  another unit in the multiunit complex in which the tenant's
   13-5  dwelling is located during the two months preceding the date of the
   13-6  request; or
   13-7              (3)  a crime of personal violence occurred in the
   13-8  multiunit complex in which the tenant's dwelling is located during
   13-9  the two months preceding the date of the request.
  13-10        (d)  A landlord may rebut the presumption provided by
  13-11  Subsection (a) or (b) if despite the diligence of the landlord:
  13-12              (1)  the landlord did not know of the tenant's request,
  13-13  without the fault of the landlord;
  13-14              (2)  materials, labor, or utilities were unavailable;
  13-15  or
  13-16              (3)  a delay was caused by circumstances beyond the
  13-17  landlord's control, including the illness or death of the landlord
  13-18  or a member of the landlord's immediate family.
  13-19        (e)  This section does not apply to a landlord's duty to
  13-20  install or rekey, without necessity of a tenant's request, a
  13-21  security device under Section 92.153 or 92.156(a).
  13-22        Sec. 92.162.  PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED.
  13-23  (a)  A landlord may not require a tenant to pay for repair or
  13-24  replacement of a security device due to normal wear and tear.  A
  13-25  landlord may not require a tenant to pay for other repairs or
  13-26  replacements of a security device except as provided by Subsections
  13-27  (b), (c), and (d).
   14-1        (b)  A landlord  may require a tenant to pay for repair or
   14-2  replacement of a security device if an underlined provision in a
   14-3  written lease authorizes the landlord to do so and the repair or
   14-4  replacement is necessitated by misuse or damage  by the tenant, a
   14-5  member of the tenant's family, an occupant, or a guest, and not by
   14-6  normal wear and tear.  Misuse of or damage to a security device
   14-7  that occurs during the tenant's occupancy is presumed to be caused
   14-8  by the tenant, a family member, an occupant, or a guest.  The
   14-9  tenant has the burden of proving that the misuse or damage was
  14-10  caused by another party.
  14-11        (c)  A landlord may require a tenant to pay in advance
  14-12  charges for which the tenant is liable under this subchapter if a
  14-13  written lease authorizes the landlord to require advance payment,
  14-14  and the landlord notifies the tenant within a reasonable time after
  14-15  the tenant's request that advance payment is required, and:
  14-16              (1)  the tenant is more than 30 days delinquent in
  14-17  reimbursing the landlord for charges to which the landlord is
  14-18  entitled under Subsection (b); or
  14-19              (2)  the tenant requested that the landlord repair,
  14-20  install, change, or rekey the same security device during the 30
  14-21  days preceding the tenant's request, and the landlord complied with
  14-22  the request.
  14-23        (d)  A landlord authorized by this subchapter to charge a
  14-24  tenant for repairing, installing, changing, or rekeying a security
  14-25  device under this subchapter may not require the tenant to pay more
  14-26  than the total cost charged by a third-party contractor for
  14-27  material, labor, taxes, and extra keys.  If the landlord's
   15-1  employees perform the work, the charge may include a reasonable
   15-2  amount for overhead but may not include a profit to the landlord.
   15-3  If management company employees perform the work, the charge may
   15-4  include reasonable overhead and profit but may not exceed the cost
   15-5  charged to the owner by the management company for comparable
   15-6  security devices installed by management company employees at the
   15-7  owner's request and expense.
   15-8        (e)  The owner of a dwelling shall reimburse a management
   15-9  company, managing agent, or on-site manager for costs expended by
  15-10  that person in complying with this subchapter.  A management
  15-11  company, managing agent, or on-site manager may reimburse itself
  15-12  for the costs from the owner's funds in its possession or control.
  15-13        Sec. 92.163.  REMOVAL OR ALTERATION OF SECURITY DEVICE BY
  15-14  TENANT.  A security device that is installed, changed, or rekeyed
  15-15  under this subchapter becomes a fixture of the dwelling.  Except as
  15-16  provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy
  15-17  of repair-and-deduct, a tenant may not remove, change, rekey,
  15-18  replace, or alter a security device or have it removed, changed,
  15-19  rekeyed, replaced, or altered without permission of the landlord.
  15-20        Sec. 92.164.  TENANT REMEDIES FOR LANDLORD'S FAILURE TO
  15-21  INSTALL OR REKEY CERTAIN SECURITY DEVICES.  (a)  If a landlord does
  15-22  not comply with Section 92.153 or 92.156(a) regarding installation
  15-23  or rekeying of a security device, the tenant may:
  15-24              (1)  install or rekey the security device as required
  15-25  by this subchapter and deduct the reasonable cost of material,
  15-26  labor, taxes, and extra keys from the tenant's next rent payment,
  15-27  in accordance with Section 92.166;
   16-1              (2)  serve a written request for compliance on the
   16-2  landlord, and, except as provided by Subsections (b) and (c), if
   16-3  the landlord does not comply on or before the third day after the
   16-4  date the notice is received, unilaterally terminate the lease
   16-5  without court proceedings;
   16-6              (3)  file suit against the landlord without serving a
   16-7  request for compliance and obtain a judgment for:
   16-8                    (A)  a court order directing the landlord to
   16-9  comply, if the tenant is in possession of the dwelling;
  16-10                    (B)  the tenant's actual damages;
  16-11                    (C)  court costs; and
  16-12                    (D)  attorney's fees except in suits for recovery
  16-13  of property damages, personal injuries, or wrongful death; and
  16-14              (4)  serve a written request for compliance on the
  16-15  landlord, and, except as provided by Subsections (b) and (c), if
  16-16  the landlord does not comply on or before the third day after the
  16-17  date the notice is received, file suit against the landlord and
  16-18  obtain a judgment for:
  16-19                    (A)  a court order directing the landlord to
  16-20  comply and bring all dwellings owned by the landlord into
  16-21  compliance, if the tenant serving the written request is in
  16-22  possession of the dwelling;
  16-23                    (B)  the tenant's actual damages;
  16-24                    (C)  punitive damages if the tenant suffers
  16-25  actual damages;
  16-26                    (D)  a civil penalty of one month's rent plus
  16-27  $500;
   17-1                    (E)  court costs; and
   17-2                    (F)  attorney's fees except in suits for recovery
   17-3  of property damages, personal injuries, or wrongful death.
   17-4        (b)  A tenant may not unilaterally terminate the lease under
   17-5  Subsection (a)(2) or file suit against the landlord to obtain a
   17-6  judgment under Subsection (a)(4) unless the landlord does not
   17-7  comply on or before the seventh day after the date the written
   17-8  request for compliance is received if the lease includes language
   17-9  underlined or in boldface print that in substance provides the
  17-10  tenant with notice that:
  17-11              (1)  the landlord at the landlord's expense is required
  17-12  to equip the dwelling, when the tenant takes possession, with the
  17-13  security devices described by Sections 92.153(a)(1)-(4) and (6);
  17-14              (2)  the landlord is not required to install a doorknob
  17-15  lock or keyed dead bolt at the landlord's expense if the exterior
  17-16  doors meet the requirements of Section 92.153(f);
  17-17              (3)  the landlord is not required to install a keyless
  17-18  bolting device at the landlord's expense on an exterior door if the
  17-19  landlord is expressly required or permitted to periodically check
  17-20  on the well-being or health of the tenant as provided by Section
  17-21  92.153(e)(3); and
  17-22              (4)  the tenant has the right to install or rekey a
  17-23  security device required by this subchapter and deduct the
  17-24  reasonable cost from the tenant's next rent payment, as provided by
  17-25  Subsection (a)(1).
  17-26        (c)  Regardless of whether the lease contains language
  17-27  complying with the requirements of Subsection (b), the additional
   18-1  time for landlord compliance provided by Subsection (b) does not
   18-2  apply if at the time the tenant served the written request for
   18-3  compliance on the landlord the tenant informed the landlord that an
   18-4  unauthorized entry occurred or was attempted in the tenant's
   18-5  dwelling, an unauthorized entry occurred or was attempted in
   18-6  another unit in the multiunit complex in which the tenant's
   18-7  dwelling is located during the two months preceding the date of the
   18-8  request, or a crime of personal violence occurred in the multiunit
   18-9  complex in which the tenant's dwelling is located during the two
  18-10  months preceding the date of the request, unless despite the
  18-11  diligence of the landlord:
  18-12              (1)  the landlord did not know of the tenant's request,
  18-13  without the fault of the landlord;
  18-14              (2)  materials, labor, or utilities were unavailable;
  18-15  or
  18-16              (3)  a delay was caused by circumstances beyond the
  18-17  landlord's control, including the illness or death of the landlord
  18-18  or a member of the landlord's immediate family.
  18-19        Sec. 92.165.  TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS.
  18-20  If a landlord does not comply with a tenant's request regarding
  18-21  rekeying, changing, adding, repairing, or replacing a security
  18-22  device under Section 92.156(b), 92.157, or 92.158 in accordance
  18-23  with the time limits and other requirements of this subchapter, the
  18-24  tenant may:
  18-25              (1)  install, repair, change, replace, or rekey the
  18-26  security devices as required by this subchapter and deduct the
  18-27  reasonable cost of material, labor, taxes, and extra keys from the
   19-1  tenant's next rent payment in accordance with Section 92.166;
   19-2              (2)  unilaterally terminate the lease without court
   19-3  proceedings; and
   19-4              (3)  file suit against the landlord and obtain a
   19-5  judgment for:
   19-6                    (A)  a court order directing the landlord to
   19-7  comply, if the tenant is in possession of the dwelling;
   19-8                    (B)  the tenant's actual damages;
   19-9                    (C)  punitive damages if the tenant suffers
  19-10  actual damages and the landlord's failure to comply is intentional,
  19-11  malicious, or grossly negligent;
  19-12                    (D)  a civil penalty of one month's rent plus
  19-13  $500;
  19-14                    (E)  court costs; and
  19-15                    (F)  attorney's fees except in suits for recovery
  19-16  of property damages, personal injuries, or wrongful death.
  19-17        Sec. 92.166.  NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS
  19-18  FROM RENT.  (a)  A tenant shall notify the landlord of a rent
  19-19  deduction attributable to the tenant's installing, repairing,
  19-20  changing, replacing, or rekeying of a security device under Section
  19-21  92.164(a)(1) or 92.165(1) after the landlord's failure to comply
  19-22  with this subchapter.  The notice must be given at the time of the
  19-23  reduced rent payment.
  19-24        (b)  Unless otherwise provided in a written lease, a tenant
  19-25  shall provide one duplicate of the key to any key-operated security
  19-26  device installed or rekeyed by the tenant under Section
  19-27  92.164(a)(1) or 92.165(1) within a reasonable time after the
   20-1  landlord's written request for the key.
   20-2        Sec. 92.167.  LANDLORD'S DEFENSES.  (a)  A landlord has a
   20-3  defense to liability under Section 92.165 if on the date the tenant
   20-4  terminates the lease or files suit the tenant has not fully paid
   20-5  costs requested by the landlord and authorized by this subchapter.
   20-6        (b)  A management company or managing agent who is not the
   20-7  owner of a dwelling and who has not purported to be the owner in
   20-8  the lease has a defense to liability under Sections 92.164 and
   20-9  92.165 if before the date the tenant is in possession of the
  20-10  dwelling or the date of the tenant's request for installation,
  20-11  repair, replacement, change, or rekeying and before any property
  20-12  damage or personal injury to the tenant, the management company or
  20-13  managing agent:
  20-14              (1)  did not have funds of the dwelling owner in its
  20-15  possession or control with which to comply with this subchapter;
  20-16              (2)  made written request to the dwelling owner that
  20-17  the owner fund and allow installation, repair, change, replacement,
  20-18  or rekeying of security devices as required under this subchapter
  20-19  and mailed the request, certified mail return receipt requested, to
  20-20  the dwelling owner; and
  20-21              (3)  not later than the third day after the date of
  20-22  receipt of the tenant's request, provided the tenant with a written
  20-23  notice:
  20-24                    (A)  stating that the management company or
  20-25  managing agent has taken the actions in Subdivisions (1) and (2);
  20-26                    (B)  stating that the owner has not provided or
  20-27  will not provide the necessary funds; and
   21-1                    (C)  explaining the remedies available to the
   21-2  tenant for the landlord's failure to comply.
   21-3        Sec. 92.168.  TENANT'S REMEDY ON NOTICE FROM MANAGEMENT
   21-4  COMPANY.  The tenant may unilaterally terminate the lease or
   21-5  exercise other remedies under Sections 92.164 and 92.165 after
   21-6  receiving written notice from a management company that the owner
   21-7  of the dwelling has not provided or will not provide funds to
   21-8  repair, install, change, replace, or rekey a security device as
   21-9  required by this subchapter.
  21-10        Sec. 92.169.  AGENT FOR DELIVERY OF NOTICE.  A managing agent
  21-11  or an agent to whom rent is regularly paid, whether residing or
  21-12  maintaining an office on-site or off-site, is the agent of the
  21-13  landlord for purposes of notice and other communications required
  21-14  or permitted by this subchapter.
  21-15        Sec. 92.170.  EFFECT ON OTHER LANDLORD DUTIES AND TENANT
  21-16  REMEDIES.  The duties of a landlord and the remedies of a tenant
  21-17  under this subchapter are in lieu of common law, other statutory
  21-18  law, and local ordinances relating to a residential landlord's duty
  21-19  to install, change, rekey, repair, or replace security devices and
  21-20  a tenant's remedies for the landlord's failure to install, change,
  21-21  rekey, repair, or replace security devices, except that a municipal
  21-22  ordinance adopted before January 1, 1993, may require installation
  21-23  of security devices at the landlord's expense by an earlier date
  21-24  than a date required by this subchapter.   This subchapter does not
  21-25  affect a duty of a landlord or a remedy of a tenant under
  21-26  Subchapter B regarding habitability.
  21-27        <Sec. 92.151.  DEFINITIONS><.  In this subchapter:>
   22-1              <(1)  "Deadbolt lock" means a deadbolt lock in a door,
   22-2  with the lock operated from the exterior by a key and from the
   22-3  interior without a key by knob or lever.>
   22-4              <(2)  "Doorknob lock" means a lock in a doorknob, with
   22-5  the lock operated from the exterior by a key and from the interior
   22-6  without a key.>
   22-7              <(3)  "Night latch" means a door chain latch or a door
   22-8  lock, with the lock operated without a key and only from the
   22-9  interior by chain, knob, or lever.>
  22-10              <(4)  "Pin lock" means a sliding glass door lock, with
  22-11  the lock operated without a key and only from the interior by
  22-12  inserting a pin or rod to prevent movement.>
  22-13              <(5)  "Window latch" means a lock on a window, with the
  22-14  lock operated without a key and only from the interior.>
  22-15        <Sec. 92.152.  SECURITY DEVICE><.  A latch or lock qualifies as
  22-16  a security device under this subchapter if it is acceptable to a
  22-17  landlord and a tenant, or if it is an operable window latch,
  22-18  deadbolt lock, night latch, or pin lock selected by the landlord.>
  22-19        <Sec. 92.153.  DUTY TO INSTALL, CHANGE, OR REKEY><.  (a)  The
  22-20  landlord shall install, change, or rekey a security device
  22-21  according to this subchapter after the landlord receives a request
  22-22  from the tenant of a dwelling.  If the tenant's lease is in
  22-23  writing, the lease may require the request to be written.>
  22-24        <(b)  The landlord may select how and where a security device
  22-25  is installed in a tenant's dwelling.  The landlord's obligation
  22-26  under Subsection (a) is limited to installing:>
  22-27              <(1)  one window latch on each exterior window;>
   23-1              <(2)  one pin lock on each exterior sliding glass door;
   23-2  and>
   23-3              <(3)  one deadbolt lock and one night latch on each
   23-4  exterior door other than a sliding glass door, screen door, or
   23-5  garage door, but including a door between the living area and a
   23-6  garage.>
   23-7        <(c)  A tenant may require a security device to be changed or
   23-8  rekeyed an unlimited number of times.>
   23-9        <(d)  Before complying with a request to install, change, or
  23-10  rekey a security device, the landlord may require all the tenants
  23-11  of a dwelling to approve the request.>
  23-12        <(e)  The landlord must comply with the request to install,
  23-13  change, or rekey within a reasonable time, which is presumed to be
  23-14  before the 15th day after the date the request is received.  The
  23-15  landlord may rebut the presumption by proving that despite the
  23-16  diligence of the landlord's representative a longer time is
  23-17  reasonable because:>
  23-18              <(1)  without the fault of the landlord or his
  23-19  representative the landlord did not know of the tenant's request;>
  23-20              <(2)  the landlord required a cotenant to approve the
  23-21  request, and the cotenant delayed approval or did not approve;>
  23-22              <(3)  the tenant did not pay in advance charges
  23-23  requested by the landlord and authorized by Section 92.154;>
  23-24              <(4)  materials, labor, or utilities were unavailable;
  23-25  or>
  23-26              <(5)  the delay was caused by circumstances beyond the
  23-27  landlord's control, including the illness or death of the landlord
   24-1  or a member of the landlord's family.>
   24-2        <Sec. 92.154.  PAYMENT OF COSTS><.  (a)  A tenant who requests
   24-3  the landlord to install, change, or rekey a security device under
   24-4  Subsection (a) of Section 92.153 must pay the total cost to the
   24-5  landlord for complying with the request, even though the work is
   24-6  performed by the landlord's employees or by an independent
   24-7  contractor selected by the landlord, except the landlord may not
   24-8  charge the tenant for any part of the cost to:>
   24-9              <(1)  install a window latch if there has not been a
  24-10  window latch on the window during the tenant's occupancy;>
  24-11              <(2)  install a deadbolt lock if there has not been
  24-12  either a deadbolt lock or a doorknob lock on the door during the
  24-13  tenant's occupancy; or>
  24-14              <(3)  install a pin lock if there has not been a pin
  24-15  lock or other operable lock on the sliding glass door during the
  24-16  tenant's occupancy.>
  24-17        <(b)  The landlord may not charge a tenant more than the
  24-18  total cost for labor, materials, taxes, and extra keys.  If the
  24-19  landlord's employees perform the work, the cost may include a
  24-20  reasonable charge for overhead but may not include a profit to the
  24-21  landlord.>
  24-22        <(c)  The landlord may require advance payment of charges
  24-23  authorized by this section.>
  24-24        <Sec. 92.155.  REMOVAL OF SECURITY DEVICE BY TENANT><.  A
  24-25  security device installed, changed, or rekeyed under this
  24-26  subchapter becomes a fixture of the dwelling, and the tenant may
  24-27  not remove the security device or have it removed without the
   25-1  permission of the landlord.  A written lease may require the
   25-2  landlord's permission to be in writing.>
   25-3        <Sec. 92.156.  LANDLORD'S FAILURE TO COMPLY><.  A landlord who
   25-4  does not comply with a request to install, change, or rekey a
   25-5  security device in the manner and within the time required by
   25-6  Section 92.153 is liable according to this subchapter if:>
   25-7              <(1)  the tenant gives the landlord written notice that
   25-8  if the landlord does not comply with the request before the eighth
   25-9  day after the date the landlord receives the notice the tenant may
  25-10  exercise the remedies provided by this subchapter; and>
  25-11              <(2)  the landlord does not comply with the tenant's
  25-12  request before the eighth day after the date the tenant gave the
  25-13  landlord the notice.>
  25-14        <Sec. 92.157.  TENANT REMEDIES><.  The tenant of a landlord who
  25-15  is liable under Section 92.156 may:>
  25-16              <(1)  if the tenant is in possession of the dwelling,
  25-17  obtain a court order directing the landlord to install, change, or
  25-18  rekey a security device as requested by the tenant under this
  25-19  subchapter;>
  25-20              <(2)  obtain a judgment against the landlord for actual
  25-21  damages suffered by the tenant because of the landlord's violation;>
  25-22              <(3)  obtain a judgment against the landlord for one
  25-23  month's rent plus $100;>
  25-24              <(4)  obtain a judgment against the landlord for court
  25-25  costs and attorney's fees; and>
  25-26              <(5)  unilaterally terminate the lease without court
  25-27  proceedings.>
   26-1        <Sec. 92.158.  LANDLORD'S DEFENSES><.  The landlord has a
   26-2  defense to liability under Section 92.156 if:>
   26-3              <(1)  the tenant owes rent on the date the tenant gives
   26-4  a request under Subsection (a) of Section 92.153 or the notice
   26-5  required by Section 92.156; or>
   26-6              <(2)  on the date the tenant terminates the lease or
   26-7  files suit the tenant has not fully paid costs requested by the
   26-8  landlord and authorized by Section 92.154.>
   26-9        <Sec. 92.159.  AGENTS FOR DELIVERY OF NOTICE><.  A managing or
  26-10  leasing agent, whether residing or maintaining an office on-site or
  26-11  off-site, is the agent of the landlord for purposes of notice and
  26-12  other communications required or permitted by this subchapter.>
  26-13        <Sec. 92.160.  EFFECT ON OTHER LANDLORD DUTIES AND TENANT
  26-14  REMEDIES><.  The duties of a landlord and the remedies of a tenant
  26-15  under this subchapter are in lieu of common law, other statutory
  26-16  law, and local ordinances relating to a residential landlord's duty
  26-17  to install, change, or rekey security devices at the request of a
  26-18  tenant.  However, this subchapter does not affect a duty of a
  26-19  landlord or a remedy of a tenant under Subchapter B.>
  26-20        SECTION 4.  (a)  The changes in law made by this Act relating
  26-21  to a tenant's request for installation, change, rekeying, repair,
  26-22  or replacement of security devices at a residential rental dwelling
  26-23  apply only to those requests made to a landlord on or after the
  26-24  effective date of this Act.
  26-25        (b)  A tenant's request for installation, change, rekeying,
  26-26  repair, or replacement of security devices at a residential rental
  26-27  dwelling made to a landlord before the effective date of this Act
   27-1  is covered by the law in effect when the request was made, and the
   27-2  former law is continued in effect for this purpose.
   27-3        SECTION 5.  This Act takes effect September 1, 1993.
   27-4        SECTION 6.  The importance of this legislation and the
   27-5  crowded condition of the calendars in both houses create an
   27-6  emergency and an imperative public necessity that the
   27-7  constitutional rule requiring bills to be read on three several
   27-8  days in each house be suspended, and this rule is hereby suspended.