H.B. No. 1368
    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;
    4-6                    (B)  by a drop bolt system operated by placing a
    4-7  central metal plate over a metal doorjamb restraint that protrudes
    4-8  from the doorjamb and that is affixed to the doorjamb frame by
    4-9  means of three case-hardened screws at least three inches in
   4-10  length.  One-half of the central plate must overlap the interior
   4-11  surface of the door and the other half of the central plate must
   4-12  overlap the doorjamb when the plate is placed over the doorjamb
   4-13  restraint.  The drop bolt system must prevent the door from being
   4-14  opened unless the central plate is lifted off of the doorjamb
   4-15  restraint by a person who is on the interior side of the door.
   4-16        The term "keyless bolting device" does not include a chain
   4-17  latch, flip latch, surface-mounted slide bolt, mortise door bolt,
   4-18  surface-mounted barrel bolt, surface-mounted swing bar door guard,
   4-19  spring-loaded nightlatch, foot bolt, or other lock or latch; or
   4-20                    (C)  by a metal bar or metal tube that is placed
   4-21  across the entire interior side of the door and secured in place at
   4-22  each end of the bar or tube by heavy-duty metal screw hooks.  The
   4-23  screw hooks must be at least three inches in length and must be
   4-24  screwed into the door frame stud or wall stud on each side of the
   4-25  door.  The bar or tube must be capable of being secured to both of
   4-26  the screw hooks and must be permanently attached in some way to the
   4-27  door frame stud or wall stud.  When secured to the screw hooks, the
    5-1  bar or tube must prevent the door from being opened unless the bar
    5-2  or tube is removed by a person who is on the interior side of the
    5-3  door.
    5-4              (7)  "Landlord" means a dwelling owner, lessor,
    5-5  sublessor, management company, or managing agent, including an
    5-6  on-site manager.
    5-7              (8)  "Multiunit complex" means two or more dwellings in
    5-8  one or more buildings that are:
    5-9                    (A)  under common ownership;
   5-10                    (B)  managed by the same owner, agent, or
   5-11  management company; and
   5-12                    (C)  located on the same lot or tract or adjacent
   5-13  lots or tracts of land.
   5-14              (9)  "Possession of a dwelling" means occupancy by a
   5-15  tenant under a lease, including occupancy until the time the tenant
   5-16  moves out or a writ of possession is issued by a court.  The term
   5-17  does not include occupancy before the initial occupancy date
   5-18  authorized under a lease.
   5-19              (10)  "Rekey" means to change or alter a security
   5-20  device that is operated by a key, card, or combination so that a
   5-21  different key, card, or combination is necessary to operate the
   5-22  security device.
   5-23              (11)  "Security device" means a doorknob lock, door
   5-24  viewer, keyed dead bolt, keyless bolting device, sliding door
   5-25  handle latch, sliding door pin lock, sliding door security bar, or
   5-26  window latch in a dwelling.
   5-27              (12)  "Sliding door handle latch" means a latch or
    6-1  lock:
    6-2                    (A)  located near the handle on a sliding glass
    6-3  door;
    6-4                    (B)  operated with or without a key; and
    6-5                    (C)  designed to prevent the door from being
    6-6  opened.
    6-7              (13)  "Sliding door pin lock" means a lock on a sliding
    6-8  glass door that consists of a pin or nail inserted from the
    6-9  interior side of the door at the side opposite the door's handle
   6-10  and that is designed to prevent the door from being opened or
   6-11  lifted.
   6-12              (14)  "Sliding door security bar" means a bar or rod
   6-13  that can be placed at the bottom of or across the interior side of
   6-14  the fixed panel of a sliding glass door and that is designed to
   6-15  prevent the door from being opened.
   6-16              (15)  "Tenant turnover date" means the date a new
   6-17  tenant moves into a dwelling under a lease after all previous
   6-18  tenants have moved out.  The term does not include dates of entry
   6-19  or occupation not authorized by the landlord.
   6-20              (16)  "Window latch" means a device on a window that
   6-21  prevents the window from being opened and that is operated without
   6-22  a key and only from the interior.
   6-23        Sec. 92.152.  APPLICATION OF SUBCHAPTER.  (a)  This
   6-24  subchapter does not apply to a room in a hotel, motel, or inn or to
   6-25  similar transient housing or to residential housing owned or
   6-26  operated by a public or private college or university accredited
   6-27  under Section 61.003, Education Code, or to residential housing
    7-1  operated by preparatory schools accredited by the Texas Education
    7-2  Agency, a regional accrediting agency, or any accrediting agency
    7-3  recognized by the commissioner of education.
    7-4        (b)  A dwelling to which this subchapter applies includes:
    7-5              (1)  a room in a dormitory or rooming house not
    7-6  excluded by Subsection (a) of this section;
    7-7              (2)  a mobile home;
    7-8              (3)  a single family house, duplex, or triplex; and
    7-9              (4)  a living unit in an apartment, condominium,
   7-10  cooperative, or townhome project.
   7-11        Sec. 92.153.  SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF
   7-12  TENANT REQUEST.  (a)  Except as provided by Subsections (b), (e),
   7-13  (f), and (g) and without necessity of request by the tenant, a
   7-14  dwelling must be equipped with:
   7-15              (1)  a window latch on each exterior window of the
   7-16  dwelling;
   7-17              (2)  a doorknob lock or keyed dead bolt on each
   7-18  exterior door;
   7-19              (3)  a sliding door pin lock, a sliding door handle
   7-20  latch, or a sliding door security bar on each exterior sliding
   7-21  glass door of the dwelling, if construction of the dwelling was
   7-22  completed before September 1, 1993, and the calendar date is before
   7-23  January 1, 1995;
   7-24              (4)  a sliding door pin lock and a sliding door handle
   7-25  latch or a sliding door security bar on each exterior sliding glass
   7-26  door of the dwelling, if construction of the dwelling was completed
   7-27  on or after September 1, 1993, or the calendar date is January 1,
    8-1  1995, or later;
    8-2              (5)  a keyless bolting device and a door viewer on each
    8-3  exterior door of the dwelling, if initial construction of the
    8-4  dwelling was completed on or after September 1, 1993; and
    8-5              (6)  a keyless bolting device and a door viewer on each
    8-6  exterior door of the dwelling, if the calendar date is January 1,
    8-7  1995, or later.
    8-8        (b)  If the dwelling has French doors, one door of each pair
    8-9  of French doors must meet the requirements of Subsection (a) and
   8-10  the other door must have:
   8-11              (1)  a keyed dead bolt or keyless bolting device
   8-12  capable of insertion into the doorjamb above the door and a keyless
   8-13  bolting device capable of insertion into the floor or threshold,
   8-14  each with a bolt having a throw of one inch or more; or
   8-15              (2)  a bolt installed inside the door and operated from
   8-16  the edge of the door, capable of insertion into the doorjamb above
   8-17  the door, and another bolt installed inside the door and operated
   8-18  from the edge of the door capable of insertion into the floor or
   8-19  threshold, each bolt having a throw of three-fourths inch or more.
   8-20        (c)  A security device required by Subsection (a) or (b) must
   8-21  be installed at the landlord's expense.
   8-22        (d)  Subsections (a) and (b) apply only when a tenant is in
   8-23  possession of a dwelling.
   8-24        (e)  A keyless bolting device is not required to be installed
   8-25  at the landlord's expense on an exterior door if:
   8-26              (1)  the dwelling is part of a multiunit complex in
   8-27  which the majority of dwelling units are leased to tenants who are
    9-1  over 55 years of age or who have a physical or mental disability;
    9-2              (2)  the tenant in the dwelling is over 55 years of age
    9-3  or has a physical or mental disability; and
    9-4              (3)  the landlord is expressly required or permitted to
    9-5  periodically check on the well-being or health of the tenant as a
    9-6  part of a written lease or other written agreement.
    9-7        (f)  A keyed dead bolt or a doorknob lock is not required to
    9-8  be installed at the landlord's expense on an exterior door if at
    9-9  the time the tenant agrees to lease the dwelling:
   9-10              (1)  at least one exterior door usable for normal entry
   9-11  into the dwelling has both a keyed dead bolt and a keyless bolting
   9-12  device, installed in accordance with the height, strike plate, and
   9-13  throw requirements of Section 92.154; and
   9-14              (2)  all other exterior doors have a keyless bolting
   9-15  device installed in accordance with the height, strike plate, and
   9-16  throw requirements of Section 92.154.
   9-17        (g)  A security device required by this section must be
   9-18  operable throughout the time a tenant is in possession of a
   9-19  dwelling.  However, a landlord may deactivate or remove the locking
   9-20  mechanism of a doorknob lock or remove any device not qualifying as
   9-21  a keyless bolting device if a keyed dead bolt has been installed on
   9-22  the same door.
   9-23        Sec. 92.154.  HEIGHT, STRIKE PLATE, AND THROW
   9-24  REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE.  (a)  A
   9-25  keyed dead bolt or a keyless bolting device required by this
   9-26  subchapter must be installed at a height:
   9-27              (1)  not lower than 36 inches from the floor; and
   10-1              (2)  not higher than:
   10-2                    (A)  54 inches from the floor, if installed
   10-3  before September 1, 1993; or
   10-4                    (B)  48 inches from the floor, if installed on or
   10-5  after September 1, 1993.
   10-6        (b)  A keyed dead bolt or a keyless bolting device described
   10-7  in Section 92.151(6)(A) or (B) in a dwelling must:
   10-8              (1)  have a strike plate screwed into the portion of
   10-9  the doorjamb surface that faces the edge of the door when the door
  10-10  is closed; or
  10-11              (2)  be installed in a door with a metal doorjamb that
  10-12  serves as the strike plate.
  10-13        (c)  A keyed dead bolt or keyless dead bolt, as described by
  10-14  Section 92.151(6)(A), installed in a dwelling on or after September
  10-15  1, 1993, must have a bolt with a throw of not less than one inch.
  10-16        (d)  The requirements of this section do not apply to a keyed
  10-17  dead bolt or a keyless bolting device in one door of a pair of
  10-18  French doors that is installed in accordance with the requirements
  10-19  of Section 92.153(b)(1) or (2).
  10-20        Sec. 92.155.  HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY
  10-21  DEVICES.  A sliding door pin lock or sliding door security bar
  10-22  required by this subchapter must be installed at a height not
  10-23  higher than:
  10-24              (1)  54 inches from the floor, if installed before
  10-25  September 1, 1993; or
  10-26              (2)  48 inches from the floor, if installed on or after
  10-27  September 1, 1993.
   11-1        Sec. 92.156.  REKEYING OR CHANGE OF SECURITY DEVICES.  (a)  A
   11-2  security device operated by a key, card, or combination shall be
   11-3  rekeyed by the landlord at the landlord's expense not later than
   11-4  the seventh day after each tenant turnover date.
   11-5        (b)  A landlord shall perform additional rekeying or change a
   11-6  security device at the tenant's expense if requested by the tenant.
   11-7  A tenant may make an unlimited number of requests under this
   11-8  subsection.
   11-9        (c)  The expense of rekeying security devices for purposes of
  11-10  the use or change of the landlord's master key must be paid by the
  11-11  landlord.
  11-12        (d)  This section does not apply to locks on closet doors or
  11-13  other interior doors.
  11-14        Sec. 92.157.  SECURITY DEVICES REQUESTED BY TENANT.  (a)  At
  11-15  a tenant's request made at any time, a landlord, at the tenant's
  11-16  expense, shall install:
  11-17              (1)  a keyed dead bolt on an exterior door if the door
  11-18  has:
  11-19                    (A)  a doorknob lock but not a keyed dead bolt;
  11-20  or
  11-21                    (B)  a keyless bolting device but not a keyed
  11-22  dead bolt or doorknob lock; and
  11-23              (2)  a sliding door pin lock or sliding door security
  11-24  bar if the door is an exterior sliding glass door without a sliding
  11-25  door pin lock or sliding door security bar.
  11-26        (b)  At a tenant's request made before January 1, 1995, a
  11-27  landlord, at the tenant's expense, shall install on an exterior
   12-1  door of a dwelling constructed before September 1, 1993:
   12-2              (1)  a keyless bolting device if the door does not have
   12-3  a keyless bolting device; and
   12-4              (2)  a door viewer if the door does not have a door
   12-5  viewer.
   12-6        (c)  If a security device required by Section 92.153 to be
   12-7  installed on or after January 1, 1995, without necessity of a
   12-8  tenant's request has not been installed by the landlord, the tenant
   12-9  may request the landlord to immediately install it, and the
  12-10  landlord shall immediately install it at the landlord's expense.
  12-11        Sec. 92.158.  LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY
  12-12  DEVICE.  During the lease term and any renewal period, a landlord
  12-13  shall repair or replace a security device on request or
  12-14  notification by the tenant that the security device is inoperable
  12-15  or in need of repair or replacement.
  12-16        Sec. 92.159.  WHEN TENANT'S REQUEST OR NOTICE MUST BE IN
  12-17  WRITING.  A tenant's request or notice under this subchapter may be
  12-18  given orally unless the tenant has a written lease that requires
  12-19  the request or notice to be in writing and that requirement is
  12-20  underlined or in boldfaced print in the lease.
  12-21        Sec. 92.160.  TYPE, BRAND, AND MANNER OF INSTALLATION.
  12-22  Except as otherwise required by this subchapter, a landlord may
  12-23  select the type, brand, and manner of installation, including
  12-24  placement, of a security device installed under this subchapter.
  12-25  This section does not apply to a security device installed,
  12-26  repaired, changed, replaced, or rekeyed by a tenant under Section
  12-27  92.164(a)(1) or 92.165(1).
   13-1        Sec. 92.161.  COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN
   13-2  REASONABLE TIME.  (a)  Except as provided by Subsections (b) and
   13-3  (c), a landlord must comply with a tenant's request for rekeying,
   13-4  changing, installing, repairing, or replacing a security device
   13-5  under Section 92.156, 92.157, or 92.158 within a reasonable time.
   13-6  A reasonable time for purposes of this subsection is presumed to be
   13-7  not later than the seventh day after the date the request is
   13-8  received by the landlord.
   13-9        (b)  If within the time allowed under Section 92.162(c) a
  13-10  landlord requests advance payment of charges that the landlord is
  13-11  entitled to collect under that section, the landlord shall comply
  13-12  with a tenant's request under Section 92.156(b), 92.157(a), or
  13-13  92.157(b) within a reasonable time.  A reasonable time for purposes
  13-14  of this subsection is presumed to be not later than the seventh day
  13-15  after the date a tenant's advance payment is received by the
  13-16  landlord, except as provided by Subsection (c).
  13-17        (c)  A reasonable time for purposes of Subsections (a) and
  13-18  (b) is presumed to be not later than 72 hours after the time of
  13-19  receipt of the tenant's request and any required advance payment if
  13-20  at the time of making the request the tenant informed the landlord
  13-21  that:
  13-22              (1)  an unauthorized entry occurred or was attempted in
  13-23  the tenant's dwelling;
  13-24              (2)  an unauthorized entry occurred or was attempted in
  13-25  another unit in the multiunit complex in which the tenant's
  13-26  dwelling is located during the two months preceding the date of the
  13-27  request; or
   14-1              (3)  a crime of personal violence occurred in the
   14-2  multiunit complex in which the tenant's dwelling is located during
   14-3  the two months preceding the date of the request.
   14-4        (d)  A landlord may rebut the presumption provided by
   14-5  Subsection (a) or (b) if despite the diligence of the landlord:
   14-6              (1)  the landlord did not know of the tenant's request,
   14-7  without the fault of the landlord;
   14-8              (2)  materials, labor, or utilities were unavailable;
   14-9  or
  14-10              (3)  a delay was caused by circumstances beyond the
  14-11  landlord's control, including the illness or death of the landlord
  14-12  or a member of the landlord's immediate family.
  14-13        (e)  This section does not apply to a landlord's duty to
  14-14  install or rekey, without necessity of a tenant's request, a
  14-15  security device under Section 92.153 or 92.156(a).
  14-16        Sec. 92.162.  PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED.
  14-17  (a)  A landlord may not require a tenant to pay for repair or
  14-18  replacement of a security device due to normal wear and tear.  A
  14-19  landlord may not require a tenant to pay for other repairs or
  14-20  replacements of a security device except as provided by Subsections
  14-21  (b), (c), and (d).
  14-22        (b)  A landlord  may require a tenant to pay for repair or
  14-23  replacement of a security device if an underlined provision in a
  14-24  written lease authorizes the landlord to do so and the repair or
  14-25  replacement is necessitated by misuse or damage  by the tenant, a
  14-26  member of the tenant's family, an occupant, or a guest, and not by
  14-27  normal wear and tear.  Misuse of or damage to a security device
   15-1  that occurs during the tenant's occupancy is presumed to be caused
   15-2  by the tenant, a family member, an occupant, or a guest.  The
   15-3  tenant has the burden of proving that the misuse or damage was
   15-4  caused by another party.
   15-5        (c)  A landlord may require a tenant to pay in advance
   15-6  charges for which the tenant is liable under this subchapter if a
   15-7  written lease authorizes the landlord to require advance payment,
   15-8  and the landlord notifies the tenant within a reasonable time after
   15-9  the tenant's request that advance payment is required, and:
  15-10              (1)  the tenant is more than 30 days delinquent in
  15-11  reimbursing the landlord for charges to which the landlord is
  15-12  entitled under Subsection (b); or
  15-13              (2)  the tenant requested that the landlord repair,
  15-14  install, change, or rekey the same security device during the 30
  15-15  days preceding the tenant's request, and the landlord complied with
  15-16  the request.
  15-17        (d)  A landlord authorized by this subchapter to charge a
  15-18  tenant for repairing, installing, changing, or rekeying a security
  15-19  device under this subchapter may not require the tenant to pay more
  15-20  than the total cost charged by a third-party contractor for
  15-21  material, labor, taxes, and extra keys.  If the landlord's
  15-22  employees perform the work, the charge may include a reasonable
  15-23  amount for overhead but may not include a profit to the landlord.
  15-24  If management company employees perform the work, the charge may
  15-25  include reasonable overhead and profit but may not exceed the cost
  15-26  charged to the owner by the management company for comparable
  15-27  security devices installed by management company employees at the
   16-1  owner's request and expense.
   16-2        (e)  The owner of a dwelling shall reimburse a management
   16-3  company, managing agent, or on-site manager for costs expended by
   16-4  that person in complying with this subchapter.  A management
   16-5  company, managing agent, or on-site manager may reimburse itself
   16-6  for the costs from the owner's funds in its possession or control.
   16-7        Sec. 92.163.  REMOVAL OR ALTERATION OF SECURITY DEVICE BY
   16-8  TENANT.  A security device that is installed, changed, or rekeyed
   16-9  under this subchapter becomes a fixture of the dwelling.  Except as
  16-10  provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy
  16-11  of repair-and-deduct, a tenant may not remove, change, rekey,
  16-12  replace, or alter a security device or have it removed, changed,
  16-13  rekeyed, replaced, or altered without permission of the landlord.
  16-14        Sec. 92.164.  TENANT REMEDIES FOR LANDLORD'S FAILURE TO
  16-15  INSTALL OR REKEY CERTAIN SECURITY DEVICES.  (a)  If a landlord does
  16-16  not comply with Section 92.153 or 92.156(a) regarding installation
  16-17  or rekeying of a security device, the tenant may:
  16-18              (1)  install or rekey the security device as required
  16-19  by this subchapter and deduct the reasonable cost of material,
  16-20  labor, taxes, and extra keys from the tenant's next rent payment,
  16-21  in accordance with Section 92.166;
  16-22              (2)  serve a written request for compliance on the
  16-23  landlord, and, except as provided by Subsections (b) and (c), if
  16-24  the landlord does not comply on or before the third day after the
  16-25  date the notice is received, unilaterally terminate the lease
  16-26  without court proceedings;
  16-27              (3)  file suit against the landlord without serving a
   17-1  request for compliance and obtain a judgment for:
   17-2                    (A)  a court order directing the landlord to
   17-3  comply, if the tenant is in possession of the dwelling;
   17-4                    (B)  the tenant's actual damages;
   17-5                    (C)  court costs; and
   17-6                    (D)  attorney's fees except in suits for recovery
   17-7  of property damages, personal injuries, or wrongful death; and
   17-8              (4)  serve a written request for compliance on the
   17-9  landlord, and, except as provided by Subsections (b) and (c), if
  17-10  the landlord does not comply on or before the third day after the
  17-11  date the notice is received, file suit against the landlord and
  17-12  obtain a judgment for:
  17-13                    (A)  a court order directing the landlord to
  17-14  comply and bring all dwellings owned by the landlord into
  17-15  compliance, if the tenant serving the written request is in
  17-16  possession of the dwelling;
  17-17                    (B)  the tenant's actual damages;
  17-18                    (C)  punitive damages if the tenant suffers
  17-19  actual damages;
  17-20                    (D)  a civil penalty of one month's rent plus
  17-21  $500;
  17-22                    (E)  court costs; and
  17-23                    (F)  attorney's fees except in suits for recovery
  17-24  of property damages, personal injuries, or wrongful death.
  17-25        (b)  A tenant may not unilaterally terminate the lease under
  17-26  Subsection (a)(2) or file suit against the landlord to obtain a
  17-27  judgment under Subsection (a)(4) unless the landlord does not
   18-1  comply on or before the seventh day after the date the written
   18-2  request for compliance is received if the lease includes language
   18-3  underlined or in boldface print that in substance provides the
   18-4  tenant with notice that:
   18-5              (1)  the landlord at the landlord's expense is required
   18-6  to equip the dwelling, when the tenant takes possession, with the
   18-7  security devices described by Sections 92.153(a)(1)-(4) and (6);
   18-8              (2)  the landlord is not required to install a doorknob
   18-9  lock or keyed dead bolt at the landlord's expense if the exterior
  18-10  doors meet the requirements of Section 92.153(f);
  18-11              (3)  the landlord is not required to install a keyless
  18-12  bolting device at the landlord's expense on an exterior door if the
  18-13  landlord is expressly required or permitted to periodically check
  18-14  on the well-being or health of the tenant as provided by Section
  18-15  92.153(e)(3); and
  18-16              (4)  the tenant has the right to install or rekey a
  18-17  security device required by this subchapter and deduct the
  18-18  reasonable cost from the tenant's next rent payment, as provided by
  18-19  Subsection (a)(1).
  18-20        (c)  Regardless of whether the lease contains language
  18-21  complying with the requirements of Subsection (b), the additional
  18-22  time for landlord compliance provided by Subsection (b) does not
  18-23  apply if at the time the tenant served the written request for
  18-24  compliance on the landlord the tenant informed the landlord that an
  18-25  unauthorized entry occurred or was attempted in the tenant's
  18-26  dwelling, an unauthorized entry occurred or was attempted in
  18-27  another unit in the multiunit complex in which the tenant's
   19-1  dwelling is located during the two months preceding the date of the
   19-2  request, or a crime of personal violence occurred in the multiunit
   19-3  complex in which the tenant's dwelling is located during the two
   19-4  months preceding the date of the request, unless despite the
   19-5  diligence of the landlord:
   19-6              (1)  the landlord did not know of the tenant's request,
   19-7  without the fault of the landlord;
   19-8              (2)  materials, labor, or utilities were unavailable;
   19-9  or
  19-10              (3)  a delay was caused by circumstances beyond the
  19-11  landlord's control, including the illness or death of the landlord
  19-12  or a member of the landlord's immediate family.
  19-13        Sec. 92.165.  TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS.
  19-14  If a landlord does not comply with a tenant's request regarding
  19-15  rekeying, changing, adding, repairing, or replacing a security
  19-16  device under Section 92.156(b), 92.157, or 92.158 in accordance
  19-17  with the time limits and other requirements of this subchapter, the
  19-18  tenant may:
  19-19              (1)  install, repair, change, replace, or rekey the
  19-20  security devices as required by this subchapter and deduct the
  19-21  reasonable cost of material, labor, taxes, and extra keys from the
  19-22  tenant's next rent payment in accordance with Section 92.166;
  19-23              (2)  unilaterally terminate the lease without court
  19-24  proceedings; and
  19-25              (3)  file suit against the landlord and obtain a
  19-26  judgment for:
  19-27                    (A)  a court order directing the landlord to
   20-1  comply, if the tenant is in possession of the dwelling;
   20-2                    (B)  the tenant's actual damages;
   20-3                    (C)  punitive damages if the tenant suffers
   20-4  actual damages and the landlord's failure to comply is intentional,
   20-5  malicious, or grossly negligent;
   20-6                    (D)  a civil penalty of one month's rent plus
   20-7  $500;
   20-8                    (E)  court costs; and
   20-9                    (F)  attorney's fees except in suits for recovery
  20-10  of property damages, personal injuries, or wrongful death.
  20-11        Sec. 92.166.  NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS
  20-12  FROM RENT.  (a)  A tenant shall notify the landlord of a rent
  20-13  deduction attributable to the tenant's installing, repairing,
  20-14  changing, replacing, or rekeying of a security device under Section
  20-15  92.164(a)(1) or 92.165(1) after the landlord's failure to comply
  20-16  with this subchapter.  The notice must be given at the time of the
  20-17  reduced rent payment.
  20-18        (b)  Unless otherwise provided in a written lease, a tenant
  20-19  shall provide one duplicate of the key to any key-operated security
  20-20  device installed or rekeyed by the tenant under Section
  20-21  92.164(a)(1) or 92.165(1) within a reasonable time after the
  20-22  landlord's written request for the key.
  20-23        Sec. 92.167.  LANDLORD'S DEFENSES.  (a)  A landlord has a
  20-24  defense to liability under Section 92.165 if on the date the tenant
  20-25  terminates the lease or files suit the tenant has not fully paid
  20-26  costs requested by the landlord and authorized by this subchapter.
  20-27        (b)  A management company or managing agent who is not the
   21-1  owner of a dwelling and who has not purported to be the owner in
   21-2  the lease has a defense to liability under Sections 92.164 and
   21-3  92.165 if before the date the tenant is in possession of the
   21-4  dwelling or the date of the tenant's request for installation,
   21-5  repair, replacement, change, or rekeying and before any property
   21-6  damage or personal injury to the tenant, the management company or
   21-7  managing agent:
   21-8              (1)  did not have funds of the dwelling owner in its
   21-9  possession or control with which to comply with this subchapter;
  21-10              (2)  made written request to the dwelling owner that
  21-11  the owner fund and allow installation, repair, change, replacement,
  21-12  or rekeying of security devices as required under this subchapter
  21-13  and mailed the request, certified mail return receipt requested, to
  21-14  the dwelling owner; and
  21-15              (3)  not later than the third day after the date of
  21-16  receipt of the tenant's request, provided the tenant with a written
  21-17  notice:
  21-18                    (A)  stating that the management company or
  21-19  managing agent has taken the actions in Subdivisions (1) and (2);
  21-20                    (B)  stating that the owner has not provided or
  21-21  will not provide the necessary funds; and
  21-22                    (C)  explaining the remedies available to the
  21-23  tenant for the landlord's failure to comply.
  21-24        Sec. 92.168.  TENANT'S REMEDY ON NOTICE FROM MANAGEMENT
  21-25  COMPANY.  The tenant may unilaterally terminate the lease or
  21-26  exercise other remedies under Sections 92.164 and 92.165 after
  21-27  receiving written notice from a management company that the owner
   22-1  of the dwelling has not provided or will not provide funds to
   22-2  repair, install, change, replace, or rekey a security device as
   22-3  required by this subchapter.
   22-4        Sec. 92.169.  AGENT FOR DELIVERY OF NOTICE.  A managing agent
   22-5  or an agent to whom rent is regularly paid, whether residing or
   22-6  maintaining an office on-site or off-site, is the agent of the
   22-7  landlord for purposes of notice and other communications required
   22-8  or permitted by this subchapter.
   22-9        Sec. 92.170.  EFFECT ON OTHER LANDLORD DUTIES AND TENANT
  22-10  REMEDIES.  The duties of a landlord and the remedies of a tenant
  22-11  under this subchapter are in lieu of common law, other statutory
  22-12  law, and local ordinances relating to a residential landlord's duty
  22-13  to install, change, rekey, repair, or replace security devices and
  22-14  a tenant's remedies for the landlord's failure to install, change,
  22-15  rekey, repair, or replace security devices, except that a municipal
  22-16  ordinance adopted before January 1, 1993, may require installation
  22-17  of security devices at the landlord's expense by an earlier date
  22-18  than a date required by this subchapter.   This subchapter does not
  22-19  affect a duty of a landlord or a remedy of a tenant under
  22-20  Subchapter B regarding habitability.
  22-21        <Sec. 92.151.  DEFINITIONS><.  In this subchapter:>
  22-22              <(1)  "Deadbolt lock" means a deadbolt lock in a door,
  22-23  with the lock operated from the exterior by a key and from the
  22-24  interior without a key by knob or lever.>
  22-25              <(2)  "Doorknob lock" means a lock in a doorknob, with
  22-26  the lock operated from the exterior by a key and from the interior
  22-27  without a key.>
   23-1              <(3)  "Night latch" means a door chain latch or a door
   23-2  lock, with the lock operated without a key and only from the
   23-3  interior by chain, knob, or lever.>
   23-4              <(4)  "Pin lock" means a sliding glass door lock, with
   23-5  the lock operated without a key and only from the interior by
   23-6  inserting a pin or rod to prevent movement.>
   23-7              <(5)  "Window latch" means a lock on a window, with the
   23-8  lock operated without a key and only from the interior.>
   23-9        <Sec. 92.152.  SECURITY DEVICE><.  A latch or lock qualifies as
  23-10  a security device under this subchapter if it is acceptable to a
  23-11  landlord and a tenant, or if it is an operable window latch,
  23-12  deadbolt lock, night latch, or pin lock selected by the landlord.>
  23-13        <Sec. 92.153.  DUTY TO INSTALL, CHANGE, OR REKEY><.  (a)  The
  23-14  landlord shall install, change, or rekey a security device
  23-15  according to this subchapter after the landlord receives a request
  23-16  from the tenant of a dwelling.  If the tenant's lease is in
  23-17  writing, the lease may require the request to be written.>
  23-18        <(b)  The landlord may select how and where a security device
  23-19  is installed in a tenant's dwelling.  The landlord's obligation
  23-20  under Subsection (a) is limited to installing:>
  23-21              <(1)  one window latch on each exterior window;>
  23-22              <(2)  one pin lock on each exterior sliding glass door;
  23-23  and>
  23-24              <(3)  one deadbolt lock and one night latch on each
  23-25  exterior door other than a sliding glass door, screen door, or
  23-26  garage door, but including a door between the living area and a
  23-27  garage.>
   24-1        <(c)  A tenant may require a security device to be changed or
   24-2  rekeyed an unlimited number of times.>
   24-3        <(d)  Before complying with a request to install, change, or
   24-4  rekey a security device, the landlord may require all the tenants
   24-5  of a dwelling to approve the request.>
   24-6        <(e)  The landlord must comply with the request to install,
   24-7  change, or rekey within a reasonable time, which is presumed to be
   24-8  before the 15th day after the date the request is received.  The
   24-9  landlord may rebut the presumption by proving that despite the
  24-10  diligence of the landlord's representative a longer time is
  24-11  reasonable because:>
  24-12              <(1)  without the fault of the landlord or his
  24-13  representative the landlord did not know of the tenant's request;>
  24-14              <(2)  the landlord required a cotenant to approve the
  24-15  request, and the cotenant delayed approval or did not approve;>
  24-16              <(3)  the tenant did not pay in advance charges
  24-17  requested by the landlordand authorized by Section 92.154;>
  24-18              <(4)  materials, labor, or utilities were unavailable;
  24-19  or>
  24-20              <(5)  the delay was caused by circumstances beyond the
  24-21  landlord's control, including the illness or death of the landlord
  24-22  or a member of the landlord's family.>
  24-23        <Sec. 92.154.  PAYMENT OF COSTS><.  (a)  A tenant who requests
  24-24  the landlord to install, change, or rekey a security device under
  24-25  Subsection (a) of Section 92.153 must pay the total cost to the
  24-26  landlord for complying with the request, even though the work is
  24-27  performed by the landlord's employees or by an independent
   25-1  contractor selected by the landlord, except the landlord may not
   25-2  charge the tenant for any part of the cost to:>
   25-3              <(1)  install a window latch if there has not been a
   25-4  window latch on the window during the tenant's occupancy;>
   25-5              <(2)  install a deadbolt lock if there has not been
   25-6  either a deadbolt lock or a doorknob lock on the door during the
   25-7  tenant's occupancy; or>
   25-8              <(3)  install a pin lock if there has not been a pin
   25-9  lock or other operable lock on the sliding glass door during the
  25-10  tenant's occupancy.>
  25-11        <(b)  The landlord may not charge a tenant more than the
  25-12  total cost for labor, materials, taxes, and extra keys.  If the
  25-13  landlord's employees perform the work, the cost may include a
  25-14  reasonable charge for overhead but may not include a profit to the
  25-15  landlord.>
  25-16        <(c)  The landlord may require advance payment of charges
  25-17  authorized by this section.>
  25-18        <Sec. 92.155.  REMOVAL OF SECURITY DEVICE BY TENANT><.  A
  25-19  security device installed, changed, or rekeyed under this
  25-20  subchapter becomes a fixture of the dwelling, and the tenant may
  25-21  not remove the security device or have it removed without the
  25-22  permission of the landlord.  A written lease may require the
  25-23  landlord's permission to be in writing.>
  25-24        <Sec. 92.156.  LANDLORD'S FAILURE TO COMPLY><.  A landlord who
  25-25  does not comply with a request to install, change, or rekey a
  25-26  security device in the manner and within the time required by
  25-27  Section 92.153 is liable according to this subchapter if:>
   26-1              <(1)  the tenant gives the landlord written notice that
   26-2  if the landlord does not comply with the request before the eighth
   26-3  day after the date the landlord receives the notice the tenant may
   26-4  exercise the remedies provided by this subchapter; and>
   26-5              <(2)  the landlord does not comply with the tenant's
   26-6  request before the eighth day after the date the tenant gave the
   26-7  landlord the notice.>
   26-8        <Sec. 92.157.  TENANT REMEDIES><.  The tenant of a landlord who
   26-9  is liable under Section 92.156 may:>
  26-10              <(1)  if the tenant is in possession of the dwelling,
  26-11  obtain a court order directing the landlord to install, change, or
  26-12  rekey a security device as requested by the tenant under this
  26-13  subchapter;>
  26-14              <(2)  obtain a judgment against the landlord for actual
  26-15  damages suffered by the tenant because of the landlord's violation;>
  26-16              <(3)  obtain a judgment against the landlord for one
  26-17  month's rent plus $100;>
  26-18              <(4)  obtain a judgment against the landlord for court
  26-19  costs and attorney's fees; and>
  26-20              <(5)  unilaterally terminate the lease without court
  26-21  proceedings.>
  26-22        <Sec. 92.158.  LANDLORD'S DEFENSES><.  The landlord has a
  26-23  defense to liability under Section 92.156 if:>
  26-24              <(1)  the tenant owes rent on the date the tenant gives
  26-25  a request under Subsection (a) of Section 92.153 or the notice
  26-26  required by Section 92.156; or>
  26-27              <(2)  on the date the tenant terminates the lease or
   27-1  files suit the tenant has not fully paid costs requested by the
   27-2  landlord and authorized by Section 92.154.>
   27-3        <Sec. 92.159.  AGENTS FOR DELIVERY OF NOTICE><.  A managing or
   27-4  leasing agent, whether residing or maintaining an office on-site or
   27-5  off-site, is the agent of the landlord for purposes of notice and
   27-6  other communications required or permitted by this subchapter.>
   27-7        <Sec. 92.160.  EFFECT ON OTHER LANDLORD DUTIES AND TENANT
   27-8  REMEDIES><.  The duties of a landlord and the remedies of a tenant
   27-9  under this subchapter are in lieu of common law, other statutory
  27-10  law, and local ordinances relating to a residential landlord's duty
  27-11  to install, change, or rekey security devices at the request of a
  27-12  tenant.  However, this subchapter does not affect a duty of a
  27-13  landlord or a remedy of a tenant under Subchapter B.>
  27-14        SECTION 4.  (a)  The changes in law made by this Act relating
  27-15  to a tenant's request for installation, change, rekeying, repair,
  27-16  or replacement of security devices at a residential rental dwelling
  27-17  apply only to those requests made to a landlord on or after the
  27-18  effective date of this Act.
  27-19        (b)  A tenant's request for installation, change, rekeying,
  27-20  repair, or replacement of security devices at a residential rental
  27-21  dwelling made to a landlord before the effective date of this Act
  27-22  is covered by the law in effect when the request was made, and the
  27-23  former law is continued in effect for this purpose.
  27-24        SECTION 5.  This Act takes effect September 1, 1993.
  27-25        SECTION 6.  The importance of this legislation and the
  27-26  crowded condition of the calendars in both houses create an
  27-27  emergency and an imperative public necessity that the
   28-1  constitutional rule requiring bills to be read on three several
   28-2  days in each house be suspended, and this rule is hereby suspended.