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.