1-1  By:  Naishtat, et al. (Senate Sponsor - Montford)     H.B. No. 1368
    1-2        (In the Senate - Received from the House April 22, 1993;
    1-3  April 26, 1993, read first time and referred to Committee on
    1-4  Criminal Justice; May 7, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 7, Nays 0;
    1-6  May 7, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Whitmire           x                               
   1-10        Brown              x                               
   1-11        Nelson             x                               
   1-12        Sibley             x                               
   1-13        Sims               x                               
   1-14        Turner             x                               
   1-15        West               x                               
   1-16  COMMITTEE SUBSTITUTE FOR H.B. No. 1368                  By:  Sibley
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to security devices for certain rental dwellings;
   1-20  providing civil penalties.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Section 92.001, Property Code, is amended to read
   1-23  as follows:
   1-24        Sec. 92.001.  Definitions.  Except as otherwise provided by
   1-25  this chapter, in <In> this chapter:
   1-26              (1)  "Dwelling" means one or more rooms rented for use
   1-27  as a permanent residence under a single lease to one or more
   1-28  tenants.
   1-29              (2)  "Landlord" means the owner, lessor, or sublessor
   1-30  of a dwelling, but does not include a manager or agent of the
   1-31  landlord unless the manager or agent purports to be the owner,
   1-32  lessor, or sublessor in an oral or written lease.
   1-33              (3)  "Lease" means any written or oral agreement
   1-34  between a landlord and tenant that establishes or modifies the
   1-35  terms, conditions, rules, or other provisions regarding the use and
   1-36  occupancy of a dwelling.
   1-37              (4)  "Normal wear and tear" means deterioration that
   1-38  results from the intended use of a dwelling, including, for the
   1-39  purposes of Subchapters <Subchapter> B and D, breakage or
   1-40  malfunction due to age or deteriorated condition, but the term does
   1-41  not include deterioration that results from negligence,
   1-42  carelessness, accident, or abuse of the premises, equipment, or
   1-43  chattels by the tenant, by a member of the tenant's household, or
   1-44  by a guest of the tenant.
   1-45              (5)  "Premises" means a tenant's rental unit, any area
   1-46  or facility the lease authorizes the tenant to use, and the
   1-47  appurtenances, grounds, and facilities held out for the use of
   1-48  tenants generally.
   1-49              (6)  "Tenant" means a person who is authorized by a
   1-50  lease to occupy a dwelling to the exclusion of others and, for the
   1-51  purposes of Subchapters D, E, and F, who is obligated under the
   1-52  lease to pay rent.
   1-53        SECTION 2.  Section 92.005, Property Code, is amended to read
   1-54  as follows:
   1-55        Sec. 92.005.  Attorney's Fees.  (a)  A party who prevails in
   1-56  a suit brought under Subchapter B, <D,> E, or F may recover the
   1-57  party's costs of court and reasonable attorney's fees in relation
   1-58  to work reasonably expended.
   1-59        (b)  This section does not authorize a recovery of attorney's
   1-60  fees in an action brought under Subchapter <D,> E<,> or F for
   1-61  damages that relate to or arise from property damage, personal
   1-62  injury, or a criminal act.
   1-63        SECTION 3.  Subchapter D, Chapter 92, Property Code, is
   1-64  amended to read as follows:
   1-65                    SUBCHAPTER D.  SECURITY DEVICES
   1-66        Sec. 92.151.  DEFINITIONS.  In this subchapter:
   1-67              (1)  "Doorknob lock" means a lock in a doorknob, with
   1-68  the lock operated from the exterior by a key, card, or combination
    2-1  and from the interior without a key, card, or combination.
    2-2              (2)  "Door viewer" means a permanently installed device
    2-3  in an exterior door that allows a person inside the dwelling to
    2-4  view a person outside the door.  The device must be:
    2-5                    (A)  a clear glass pane or one-way mirror; or
    2-6                    (B)  a peephole having a barrel with a one-way
    2-7  lens of glass or other substance providing an angle view of not
    2-8  less than 160 degrees.
    2-9              (3)  "Exterior door" means a door providing access from
   2-10  a dwelling interior to the exterior.  The term includes a door
   2-11  between a living area and a garage but does not include a sliding
   2-12  glass door or a screen door.
   2-13              (4)  "French doors" means a set of two exterior doors
   2-14  in which each door is hinged and abuts the other door when closed.
   2-15  The term includes double-hinged patio doors.
   2-16              (5)  "Keyed dead bolt" means:
   2-17                    (A)  a door lock not in the doorknob that:
   2-18                          (i)  locks with a bolt into the doorjamb;
   2-19  and
   2-20                          (ii)  is operated from the exterior by a
   2-21  key, card, or combination and from the interior by a knob or lever
   2-22  without a key, card, or combination; or
   2-23                    (B)  a doorknob lock that contains a bolt with at
   2-24  least a one-inch throw.
   2-25              (6)  "Keyless bolting device" means a door lock not in
   2-26  the doorknob that locks:
   2-27                    (A)  with a bolt into a strike plate screwed into
   2-28  the portion of the doorjamb surface that faces the edge of the door
   2-29  when the door is closed or into a metal doorjamb that serves as the
   2-30  strike plate, operable only by knob or lever from the door's
   2-31  interior and not in any manner from the door's exterior, and that
   2-32  is commonly known as a keyless dead bolt; or
   2-33                    (B)  by a drop bolt system operated by placing a
   2-34  central metal plate over a metal doorjamb restraint that protrudes
   2-35  from the doorjamb and that is affixed to the doorjamb frame by
   2-36  means of three case-hardened screws at least three inches in
   2-37  length.  One-half of the central plate must overlap the interior
   2-38  surface of the door and the other half of the central plate must
   2-39  overlap the doorjamb when the plate is placed over the doorjamb
   2-40  restraint.  The drop bolt system must prevent the door from being
   2-41  opened unless the central plate is lifted off of the doorjamb
   2-42  restraint by a person who is on the interior side of the door.
   2-43        The term "keyless bolting device" does not include a chain
   2-44  latch, flip latch, surface-mounted slide bolt, mortise door bolt,
   2-45  surface-mounted barrel bolt, surface-mounted swing bar door guard,
   2-46  spring-loaded nightlatch, foot bolt, or other lock or latch.
   2-47              (7)  "Landlord" means a dwelling owner, lessor,
   2-48  sublessor, management company, or managing agent, including an
   2-49  on-site manager.
   2-50              (8)  "Multiunit complex" means two or more dwellings in
   2-51  one or more buildings that are:
   2-52                    (A)  under common ownership;
   2-53                    (B)  managed by the same owner, agent, or
   2-54  management company; and
   2-55                    (C)  located on the same lot or tract or adjacent
   2-56  lots or tracts of land.
   2-57              (9)  "Possession of a dwelling" means occupancy by a
   2-58  tenant under a lease, including occupancy until the time the tenant
   2-59  moves out or a writ of possession is issued by a court.  The term
   2-60  does not include occupancy before the initial occupancy date
   2-61  authorized under a lease.
   2-62              (10)  "Rekey" means to change or alter a security
   2-63  device that is operated by a key, card, or combination so that a
   2-64  different key, card, or combination is necessary to operate the
   2-65  security device.
   2-66              (11)  "Security device" means a doorknob lock, door
   2-67  viewer, keyed dead bolt, keyless bolting device, sliding door
   2-68  handle latch, sliding door pin lock, sliding door security bar, or
   2-69  window latch in a dwelling.
   2-70              (12)  "Sliding door handle latch" means a latch or
    3-1  lock:
    3-2                    (A)  located near the handle on a sliding glass
    3-3  door;
    3-4                    (B)  operated with or without a key; and
    3-5                    (C)  designed to prevent the door from being
    3-6  opened.
    3-7              (13)  "Sliding door pin lock" means a lock on a sliding
    3-8  glass door that consists of a pin or nail inserted from the
    3-9  interior side of the door at the side opposite the door's handle
   3-10  and that is designed to prevent the door from being opened or
   3-11  lifted.
   3-12              (14)  "Sliding door security bar" means a bar or rod
   3-13  that can be placed at the bottom of or across the interior side of
   3-14  the fixed panel of a sliding glass door and that is designed to
   3-15  prevent the door from being opened.
   3-16              (15)  "Tenant turnover date" means the date a new
   3-17  tenant moves into a dwelling under a lease after all previous
   3-18  tenants have moved out.  The term does not include dates of entry
   3-19  or occupation not authorized by the landlord.
   3-20              (16)  "Window latch" means a device on a window that
   3-21  prevents the window from being opened and that is operated without
   3-22  a key and only from the interior.
   3-23        Sec. 92.152.  APPLICATION OF SUBCHAPTER.  (a)  This
   3-24  subchapter does not apply to a room in a hotel, motel, or inn or to
   3-25  similar transient housing or to residential housing operated by a
   3-26  public or private college or university accredited under
   3-27  Section 61.003, Education Code, or to residential housing operated
   3-28  by preparatory schools accredited by the Texas Education Agency, a
   3-29  regional accrediting agency, or any accrediting agency recognized
   3-30  by the commissioner of education.
   3-31        (b)  A dwelling to which this subchapter applies includes:
   3-32              (1)  a room in a dormitory or rooming house not
   3-33  excluded by Subsection (a) of this section;
   3-34              (2)  a mobile home;
   3-35              (3)  a single family house, duplex, or triplex; and
   3-36              (4)  a living unit in an apartment, condominium,
   3-37  cooperative, or townhome project.
   3-38        Sec. 92.153.  SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF
   3-39  TENANT REQUEST.  (a)  Except as provided by Subsections (b), (e),
   3-40  (f), and (g) and without necessity of request by the tenant, a
   3-41  dwelling must be equipped with:
   3-42              (1)  a window latch on each exterior window of the
   3-43  dwelling;
   3-44              (2)  a doorknob lock or keyed dead bolt on each
   3-45  exterior door;
   3-46              (3)  a sliding door pin lock, a sliding door handle
   3-47  latch, or a sliding door security bar on each exterior sliding
   3-48  glass door of the dwelling, if construction of the dwelling was
   3-49  completed before September 1, 1993, and the calendar date is before
   3-50  January 1, 1995;
   3-51              (4)  a sliding door pin lock and a sliding door handle
   3-52  latch or a sliding door security bar on each exterior sliding glass
   3-53  door of the dwelling, if construction of the dwelling was completed
   3-54  on or after September 1, 1993, or the calendar date is January 1,
   3-55  1995, or later;
   3-56              (5)  a keyless bolting device and a door viewer on each
   3-57  exterior door of the dwelling, if initial construction of the
   3-58  dwelling was completed on or after September 1, 1993; and
   3-59              (6)  a keyless bolting device and a door viewer on each
   3-60  exterior door of the dwelling, if the calendar date is January 1,
   3-61  1995, or later.
   3-62        (b)  If the dwelling has French doors, one door of each pair
   3-63  of French doors must meet the requirements of Subsection (a) and
   3-64  the other door must have:
   3-65              (1)  a keyed dead bolt or keyless bolting device
   3-66  capable of insertion into the doorjamb above the door and a keyless
   3-67  bolting device capable of insertion into the floor or threshold,
   3-68  each with a bolt having a throw of one inch or more; or
   3-69              (2)  a bolt installed inside the door and operated from
   3-70  the edge of the door, capable of insertion into the doorjamb above
    4-1  the door, and another bolt installed inside the door and operated
    4-2  from the edge of the door capable of insertion into the floor or
    4-3  threshold, each bolt having a throw of three-fourths inch or more.
    4-4        (c)  A security device required by Subsection (a) or (b) must
    4-5  be installed at the landlord's expense.
    4-6        (d)  Subsections (a) and (b) apply only when a tenant is in
    4-7  possession of a dwelling.
    4-8        (e)  A keyless bolting device is not required to be installed
    4-9  at the landlord's expense on an exterior door if:
   4-10              (1)  the dwelling is part of a multiunit complex in
   4-11  which the majority of dwelling units are leased to tenants who are
   4-12  over 55 years of age or who have a physical or mental disability;
   4-13              (2)  the tenant in the dwelling is over 55 years of age
   4-14  or has a physical or mental disability; and
   4-15              (3)  the landlord is expressly required or permitted to
   4-16  periodically check on the well-being or health of the tenant as a
   4-17  part of a written lease or other written agreement.
   4-18        (f)  A keyed dead bolt or a doorknob lock is not required to
   4-19  be installed at the landlord's expense on an exterior door if at
   4-20  the time the tenant agrees to lease the dwelling:
   4-21              (1)  at least one exterior door usable for normal entry
   4-22  into the dwelling has both a keyed dead bolt and a keyless bolting
   4-23  device, installed in accordance with the height, strike plate, and
   4-24  throw requirements of Section 92.154; and
   4-25              (2)  all other exterior doors have a keyless bolting
   4-26  device installed in accordance with the height, strike plate, and
   4-27  throw requirements of Section 92.154.
   4-28        (g)  A security device required by this section must be
   4-29  operable throughout the time a tenant is in possession of a
   4-30  dwelling.  However, a landlord may deactivate or remove the locking
   4-31  mechanism of a doorknob lock or remove any device not qualifying as
   4-32  a keyless bolting device if a keyed dead bolt has been installed on
   4-33  the same door.
   4-34        Sec. 92.154.  HEIGHT, STRIKE PLATE, AND THROW
   4-35  REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE.  (a)  A
   4-36  keyed dead bolt or a keyless bolting device required by this
   4-37  subchapter must be installed at a height:
   4-38              (1)  not lower than 36 inches from the floor; and
   4-39              (2)  not higher than:
   4-40                    (A)  54 inches from the floor, if installed
   4-41  before September 1, 1993; or
   4-42                    (B)  48 inches from the floor, if installed on or
   4-43  after September 1, 1993.
   4-44        (b)  A keyed dead bolt or a keyless bolting device in a
   4-45  dwelling must:
   4-46              (1)  have a strike plate screwed into the portion of
   4-47  the doorjamb surface that faces the edge of the door when the door
   4-48  is closed; or
   4-49              (2)  be installed in a door with a metal doorjamb that
   4-50  serves as the strike plate.
   4-51        (c)  A keyed dead bolt or keyless dead bolt, as described by
   4-52  Section 92.151(6)(A), installed in a dwelling on or after September
   4-53  1, 1993, must have a bolt with a throw of not less than one inch.
   4-54        (d)  The requirements of this section do not apply to a keyed
   4-55  dead bolt or a keyless bolting device in one door of a pair of
   4-56  French doors that is installed in accordance with the requirements
   4-57  of Section 92.153(b)(1) or (2).
   4-58        Sec. 92.155.  HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY
   4-59  DEVICES.  A sliding door pin lock or sliding door security bar
   4-60  required by this subchapter must be installed at a height not
   4-61  higher than:
   4-62              (1)  54 inches from the floor, if installed before
   4-63  September 1, 1993; or
   4-64              (2)  48 inches from the floor, if installed on or after
   4-65  September 1, 1993.
   4-66        Sec. 92.156.  REKEYING OR CHANGE OF SECURITY DEVICES.  (a)  A
   4-67  security device operated by a key, card, or combination shall be
   4-68  rekeyed by the landlord at the landlord's expense not later than
   4-69  the seventh day after each tenant turnover date.
   4-70        (b)  A landlord shall perform additional rekeying or change a
    5-1  security device at the tenant's expense if requested by the tenant.
    5-2  A tenant may make an unlimited number of requests under this
    5-3  subsection.
    5-4        (c)  The expense of rekeying security devices for purposes of
    5-5  the use or change of the landlord's master key must be paid by the
    5-6  landlord.
    5-7        (d)  This section does not apply to locks on closet doors or
    5-8  other interior doors.
    5-9        Sec. 92.157.  SECURITY DEVICES REQUESTED BY TENANT.  (a)  At
   5-10  a tenant's request made at any time, a landlord, at the tenant's
   5-11  expense, shall install:
   5-12              (1)  a keyed dead bolt on an exterior door if the door
   5-13  has:
   5-14                    (A)  a doorknob lock but not a keyed dead bolt;
   5-15  or
   5-16                    (B)  a keyless bolting device but not a keyed
   5-17  dead bolt or doorknob lock; and
   5-18              (2)  a sliding door pin lock or sliding door security
   5-19  bar if the door is an exterior sliding glass door without a sliding
   5-20  door pin lock or sliding door security bar.
   5-21        (b)  At a tenant's request made before January 1, 1995, a
   5-22  landlord, at the tenant's expense, shall install on an exterior
   5-23  door of a dwelling constructed before September 1, 1993:
   5-24              (1)  a keyless bolting device if the door does not have
   5-25  a keyless bolting device; and
   5-26              (2)  a door viewer if the door does not have a door
   5-27  viewer.
   5-28        (c)  If a security device required by Section 92.153 to be
   5-29  installed on or after January 1, 1995, without necessity of a
   5-30  tenant's request has not been installed by the landlord, the tenant
   5-31  may request the landlord to immediately install it, and the
   5-32  landlord shall immediately install it at the landlord's expense.
   5-33        Sec. 92.158.  LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY
   5-34  DEVICE.  During the lease term and any renewal period, a landlord
   5-35  shall repair or replace a security device on request or
   5-36  notification by the tenant that the security device is inoperable
   5-37  or in need of repair or replacement.
   5-38        Sec. 92.159.  WHEN TENANT'S REQUEST OR NOTICE MUST BE IN
   5-39  WRITING.  A tenant's request or notice under this subchapter may be
   5-40  given orally unless the tenant has a written lease that requires
   5-41  the request or notice to be in writing and that requirement is
   5-42  underlined or in boldfaced print in the lease.
   5-43        Sec. 92.160.  TYPE, BRAND, AND MANNER OF INSTALLATION.
   5-44  Except as otherwise required by this subchapter, a landlord may
   5-45  select the type, brand, and manner of installation, including
   5-46  placement, of a security device installed under this subchapter.
   5-47  This section does not apply to a security device installed,
   5-48  repaired, changed, replaced, or rekeyed by a tenant under Section
   5-49  92.164(a)(1) or 92.165(1).
   5-50        Sec. 92.161.  COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN
   5-51  REASONABLE TIME.  (a)  Except as provided by Subsections (b) and
   5-52  (c), a landlord must comply with a tenant's request for rekeying,
   5-53  changing, installing, repairing, or replacing a security device
   5-54  under Section 92.156, 92.157, or 92.158 within a reasonable time.
   5-55  A reasonable time for purposes of this subsection is presumed to be
   5-56  not later than the seventh day after the date the request is
   5-57  received by the landlord.
   5-58        (b)  If within the time allowed under Section 92.162(c) a
   5-59  landlord requests advance payment of charges that the landlord is
   5-60  entitled to collect under that section, the landlord shall comply
   5-61  with a tenant's request under Section 92.156(b), 92.157(a), or
   5-62  92.157(b) within a reasonable time.  A reasonable time for purposes
   5-63  of this subsection is presumed to be not later than the seventh day
   5-64  after the date a tenant's advance payment is received by the
   5-65  landlord, except as provided by Subsection (c).
   5-66        (c)  A reasonable time for purposes of Subsections (a) and
   5-67  (b) is presumed to be not later than 72 hours after the time of
   5-68  receipt of the tenant's request and any required advance payment if
   5-69  at the time of making the request the tenant informed the landlord
   5-70  that:
    6-1              (1)  an unauthorized entry occurred or was attempted in
    6-2  the tenant's dwelling;
    6-3              (2)  an unauthorized entry occurred or was attempted in
    6-4  another unit in the multiunit complex in which the tenant's
    6-5  dwelling is located during the two months preceding the date of the
    6-6  request; or
    6-7              (3)  a crime of personal violence occurred in the
    6-8  multiunit complex in which the tenant's dwelling is located during
    6-9  the two months preceding the date of the request.
   6-10        (d)  A landlord may rebut the presumption provided by
   6-11  Subsection (a) or (b) if despite the diligence of the landlord:
   6-12              (1)  the landlord did not know of the tenant's request,
   6-13  without the fault of the landlord;
   6-14              (2)  materials, labor, or utilities were unavailable;
   6-15  or
   6-16              (3)  a delay was caused by circumstances beyond the
   6-17  landlord's control, including the illness or death of the landlord
   6-18  or a member of the landlord's immediate family.
   6-19        (e)  This section does not apply to a landlord's duty to
   6-20  install or rekey, without necessity of a tenant's request, a
   6-21  security device under Section 92.153 or 92.156(a).
   6-22        Sec. 92.162.  PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED.
   6-23  (a)  A landlord may not require a tenant to pay for repair or
   6-24  replacement of a security device due to normal wear and tear.  A
   6-25  landlord may not require a tenant to pay for other repairs or
   6-26  replacements of a security device except as provided by Subsections
   6-27  (b), (c), and (d).
   6-28        (b)  A landlord  may require a tenant to pay for repair or
   6-29  replacement of a security device if an underlined provision in a
   6-30  written lease authorizes the landlord to do so and the repair or
   6-31  replacement is necessitated by misuse or damage  by the tenant, a
   6-32  member of the tenant's family, an occupant, or a guest, and not by
   6-33  normal wear and tear.  Misuse of or damage to a security device
   6-34  that occurs during the tenant's occupancy is presumed to be caused
   6-35  by the tenant, a family member, an occupant, or a guest.  The
   6-36  tenant has the burden of proving that the misuse or damage was
   6-37  caused by another party.
   6-38        (c)  A landlord may require a tenant to pay in advance
   6-39  charges for which the tenant is liable under this subchapter if a
   6-40  written lease authorizes the landlord to require advance payment,
   6-41  and the landlord notifies the tenant within a reasonable time after
   6-42  the tenant's request that advance payment is required, and:
   6-43              (1)  the tenant is more than 30 days delinquent in
   6-44  reimbursing the landlord for charges to which the landlord is
   6-45  entitled under Subsection (b); or
   6-46              (2)  the tenant requested that the landlord repair,
   6-47  install, change, or rekey the same security device during the 30
   6-48  days preceding the tenant's request, and the landlord complied with
   6-49  the request.
   6-50        (d)  A landlord authorized by this subchapter to charge a
   6-51  tenant for repairing, installing, changing, or rekeying a security
   6-52  device under this subchapter may not require the tenant to pay more
   6-53  than the total cost charged by a third-party contractor for
   6-54  material, labor, taxes, and extra keys.  If the landlord's
   6-55  employees perform the work, the charge may include a reasonable
   6-56  amount for overhead but may not include a profit to the landlord.
   6-57  If management company employees perform the work, the charge may
   6-58  include reasonable overhead and profit but may not exceed the cost
   6-59  charged to the owner by the management company for comparable
   6-60  security devices installed by management company employees at the
   6-61  owner's request and expense.
   6-62        (e)  The owner of a dwelling shall reimburse a management
   6-63  company, managing agent, or on-site manager for costs expended by
   6-64  that person in complying with this subchapter.  A management
   6-65  company, managing agent, or on-site manager may reimburse itself
   6-66  for the costs from the owner's funds in its possession or control.
   6-67        Sec. 92.163.  REMOVAL OR ALTERATION OF SECURITY DEVICE BY
   6-68  TENANT.  A security device that is installed, changed, or rekeyed
   6-69  under this subchapter becomes a fixture of the dwelling.  Except as
   6-70  provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy
    7-1  of repair-and-deduct, a tenant may not remove, change, rekey,
    7-2  replace, or alter a security device or have it removed, changed,
    7-3  rekeyed, replaced, or altered without permission of the landlord.
    7-4        Sec. 92.164.  TENANT REMEDIES FOR LANDLORD'S FAILURE TO
    7-5  INSTALL OR REKEY CERTAIN SECURITY DEVICES.  (a)  If a landlord does
    7-6  not comply with Section 92.153 or 92.156(a) regarding installation
    7-7  or rekeying of a security device, the tenant may:
    7-8              (1)  install or rekey the security device as required
    7-9  by this subchapter and deduct the reasonable cost of material,
   7-10  labor, taxes, and extra keys from the tenant's next rent payment,
   7-11  in accordance with Section 92.166;
   7-12              (2)  serve a written request for compliance on the
   7-13  landlord, and, except as provided by Subsections (b) and (c), if
   7-14  the landlord does not comply on or before the third day after the
   7-15  date the notice is received, unilaterally terminate the lease
   7-16  without court proceedings;
   7-17              (3)  file suit against the landlord without serving a
   7-18  request for compliance and obtain a judgment for:
   7-19                    (A)  a court order directing the landlord to
   7-20  comply, if the tenant is in possession of the dwelling;
   7-21                    (B)  the tenant's actual damages;
   7-22                    (C)  court costs; and
   7-23                    (D)  attorney's fees except in suits for recovery
   7-24  of property damages, personal injuries, or wrongful death; and
   7-25              (4)  serve a written request for compliance on the
   7-26  landlord, and, except as provided by Subsections (b) and (c), if
   7-27  the landlord does not comply on or before the third day after the
   7-28  date the notice is received, file suit against the landlord and
   7-29  obtain a judgment for:
   7-30                    (A)  a court order directing the landlord to
   7-31  comply and bring all dwellings owned by the landlord into
   7-32  compliance, if the tenant serving the written request is in
   7-33  possession of the dwelling;
   7-34                    (B)  the tenant's actual damages;
   7-35                    (C)  punitive damages if the tenant suffers
   7-36  actual damages;
   7-37                    (D)  a civil penalty of one month's rent plus
   7-38  $500;
   7-39                    (E)  court costs; and
   7-40                    (F)  attorney's fees except in suits for recovery
   7-41  of property damages, personal injuries, or wrongful death.
   7-42        (b)  A tenant may not unilaterally terminate the lease under
   7-43  Subsection (a)(2) or file suit against the landlord to obtain a
   7-44  judgment under Subsection (a)(4) unless the landlord does not
   7-45  comply on or before the seventh day after the date the written
   7-46  request for compliance is received if the lease includes language
   7-47  underlined or in boldface print that in substance provides the
   7-48  tenant with notice that:
   7-49              (1)  the landlord at the landlord's expense is required
   7-50  to equip the dwelling, when the tenant takes possession, with the
   7-51  security devices described by Sections 92.153(a)(1)-(4) and (6);
   7-52              (2)  the landlord is not required to install a doorknob
   7-53  lock or keyed dead bolt at the landlord's expense if the exterior
   7-54  doors meet the requirements of Section 92.153(f);
   7-55              (3)  the landlord is not required to install a keyless
   7-56  bolting device at the landlord's expense on an exterior door if the
   7-57  landlord is expressly required or permitted to periodically check
   7-58  on the well-being or health of the tenant as provided by Section
   7-59  92.153(e)(3); and
   7-60              (4)  the tenant has the right to install or rekey a
   7-61  security device required by this subchapter and deduct the
   7-62  reasonable cost from the tenant's next rent payment, as provided by
   7-63  Subsection (a)(1).
   7-64        (c)  Regardless of whether the lease contains language
   7-65  complying with the requirements of Subsection (b), the additional
   7-66  time for landlord compliance provided by Subsection (b) does not
   7-67  apply if at the time the tenant served the written request for
   7-68  compliance on the landlord the tenant informed the landlord that an
   7-69  unauthorized entry occurred or was attempted in the tenant's
   7-70  dwelling, an unauthorized entry occurred or was attempted in
    8-1  another unit in the multiunit complex in which the tenant's
    8-2  dwelling is located during the two months preceding the date of the
    8-3  request, or a crime of personal violence occurred in the multiunit
    8-4  complex in which the tenant's dwelling is located during the two
    8-5  months preceding the date of the request, unless despite the
    8-6  diligence of the landlord:
    8-7              (1)  the landlord did not know of the tenant's request,
    8-8  without the fault of the landlord;
    8-9              (2)  materials, labor, or utilities were unavailable;
   8-10  or
   8-11              (3)  a delay was caused by circumstances beyond the
   8-12  landlord's control, including the illness or death of the landlord
   8-13  or a member of the landlord's immediate family.
   8-14        Sec. 92.165.  TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS.
   8-15  If a landlord does not comply with a tenant's request regarding
   8-16  rekeying, changing, adding, repairing, or replacing a security
   8-17  device under Section 92.156(b), 92.157, or 92.158 in accordance
   8-18  with the time limits and other requirements of this subchapter, the
   8-19  tenant may:
   8-20              (1)  install, repair, change, replace, or rekey the
   8-21  security devices as required by this subchapter and deduct the
   8-22  reasonable cost of material, labor, taxes, and extra keys from the
   8-23  tenant's next rent payment in accordance with Section 92.166;
   8-24              (2)  unilaterally terminate the lease without court
   8-25  proceedings; and
   8-26              (3)  file suit against the landlord and obtain a
   8-27  judgment for:
   8-28                    (A)  a court order directing the landlord to
   8-29  comply, if the tenant is in possession of the dwelling;
   8-30                    (B)  the tenant's actual damages;
   8-31                    (C)  punitive damages if the tenant suffers
   8-32  actual damages and the landlord's failure to comply is intentional,
   8-33  malicious, or grossly negligent;
   8-34                    (D)  a civil penalty of one month's rent plus
   8-35  $500;
   8-36                    (E)  court costs; and
   8-37                    (F)  attorney's fees except in suits for recovery
   8-38  of property damages, personal injuries, or wrongful death.
   8-39        Sec. 92.166.  NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS
   8-40  FROM RENT.  (a)  A tenant shall notify the landlord of a rent
   8-41  deduction attributable to the tenant's installing, repairing,
   8-42  changing, replacing, or rekeying of a security device under Section
   8-43  92.164(a)(1) or 92.165(1) after the landlord's failure to comply
   8-44  with this subchapter.  The notice must be given at the time of the
   8-45  reduced rent payment.
   8-46        (b)  Unless otherwise provided in a written lease, a tenant
   8-47  shall provide one duplicate of the key to any key-operated security
   8-48  device installed or rekeyed by the tenant under Section
   8-49  92.164(a)(1) or 92.165(1) within a reasonable time after the
   8-50  landlord's written request for the key.
   8-51        Sec. 92.167.  LANDLORD'S DEFENSES.  (a)  A landlord has a
   8-52  defense to liability under Section 92.165 if on the date the tenant
   8-53  terminates the lease or files suit the tenant has not fully paid
   8-54  costs requested by the landlord and authorized by this subchapter.
   8-55        (b)  A management company or managing agent who is not the
   8-56  owner of a dwelling and who has not purported to be the owner in
   8-57  the lease has a defense to liability under Sections 92.164 and
   8-58  92.165 if before the date the tenant is in possession of the
   8-59  dwelling or the date of the tenant's request for installation,
   8-60  repair, replacement, change, or rekeying and before any property
   8-61  damage or personal injury to the tenant, the management company or
   8-62  managing agent:
   8-63              (1)  did not have funds of the dwelling owner in its
   8-64  possession or control with which to comply with this subchapter;
   8-65              (2)  made written request to the dwelling owner that
   8-66  the owner fund and allow installation, repair, change, replacement,
   8-67  or rekeying of security devices as required under this subchapter
   8-68  and mailed the request, certified mail return receipt requested, to
   8-69  the dwelling owner; and
   8-70              (3)  not later than the third day after the date of
    9-1  receipt of the tenant's request, provided the tenant with a written
    9-2  notice:
    9-3                    (A)  stating that the management company or
    9-4  managing agent has taken the actions in Subdivisions (1) and (2);
    9-5                    (B)  stating that the owner has not provided or
    9-6  will not provide the necessary funds; and
    9-7                    (C)  explaining the remedies available to the
    9-8  tenant for the landlord's failure to comply.
    9-9        Sec. 92.168.  TENANT'S REMEDY ON NOTICE FROM MANAGEMENT
   9-10  COMPANY.  The tenant may unilaterally terminate the lease or
   9-11  exercise other remedies under Sections 92.164 and 92.165 after
   9-12  receiving written notice from a management company that the owner
   9-13  of the dwelling has not provided or will not provide funds to
   9-14  repair, install, change, replace, or rekey a security device as
   9-15  required by this subchapter.
   9-16        Sec. 92.169.  AGENT FOR DELIVERY OF NOTICE.  A managing agent
   9-17  or an agent to whom rent is regularly paid, whether residing or
   9-18  maintaining an office on-site or off-site, is the agent of the
   9-19  landlord for purposes of notice and other communications required
   9-20  or permitted by this subchapter.
   9-21        Sec. 92.170.  EFFECT ON OTHER LANDLORD DUTIES AND TENANT
   9-22  REMEDIES.  The duties of a landlord and the remedies of a tenant
   9-23  under this subchapter are in lieu of common law, other statutory
   9-24  law, and local ordinances relating to a residential landlord's duty
   9-25  to install, change, rekey, repair, or replace security devices and
   9-26  a tenant's remedies for the landlord's failure to install, change,
   9-27  rekey, repair, or replace security devices, except that a municipal
   9-28  ordinance adopted before January 1, 1993, may require installation
   9-29  of security devices at the landlord's expense by an earlier date
   9-30  than a date required by this subchapter.   This subchapter does not
   9-31  affect a duty of a landlord or a remedy of a tenant under
   9-32  Subchapter B regarding habitability.
   9-33        <Sec. 92.151.  DEFINITIONS><.  In this subchapter:>
   9-34              <(1)  "Deadbolt lock" means a deadbolt lock in a door,
   9-35  with the lock operated from the exterior by a key and from the
   9-36  interior without a key by knob or lever.>
   9-37              <(2)  "Doorknob lock" means a lock in a doorknob, with
   9-38  the lock operated from the exterior by a key and from the interior
   9-39  without a key.>
   9-40              <(3)  "Night latch" means a door chain latch or a door
   9-41  lock, with the lock operated without a key and only from the
   9-42  interior by chain, knob, or lever.>
   9-43              <(4)  "Pin lock" means a sliding glass door lock, with
   9-44  the lock operated without a key and only from the interior by
   9-45  inserting a pin or rod to prevent movement.>
   9-46              <(5)  "Window latch" means a lock on a window, with the
   9-47  lock operated without a key and only from the interior.>
   9-48        <Sec. 92.152.  SECURITY DEVICE><.  A latch or lock qualifies as
   9-49  a security device under this subchapter if it is acceptable to a
   9-50  landlord and a tenant, or if it is an operable window latch,
   9-51  deadbolt lock, night latch, or pin lock selected by the landlord.>
   9-52        <Sec. 92.153.  DUTY TO INSTALL, CHANGE, OR REKEY><.  (a)  The
   9-53  landlord shall install, change, or rekey a security device
   9-54  according to this subchapter after the landlord receives a request
   9-55  from the tenant of a dwelling.  If the tenant's lease is in
   9-56  writing, the lease may require the request to be written.>
   9-57        <(b)  The landlord may select how and where a security device
   9-58  is installed in a tenant's dwelling.  The landlord's obligation
   9-59  under Subsection (a) is limited to installing:>
   9-60              <(1)  one window latch on each exterior window;>
   9-61              <(2)  one pin lock on each exterior sliding glass door;
   9-62  and>
   9-63              <(3)  one deadbolt lock and one night latch on each
   9-64  exterior door other than a sliding glass door, screen door, or
   9-65  garage door, but including a door between the living area and a
   9-66  garage.>
   9-67        <(c)  A tenant may require a security device to be changed or
   9-68  rekeyed an unlimited number of times.>
   9-69        <(d)  Before complying with a request to install, change, or
   9-70  rekey a security device, the landlord may require all the tenants
   10-1  of a dwelling to approve the request.>
   10-2        <(e)  The landlord must comply with the request to install,
   10-3  change, or rekey within a reasonable time, which is presumed to be
   10-4  before the 15th day after the date the request is received.  The
   10-5  landlord may rebut the presumption by proving that despite the
   10-6  diligence of the landlord's representative a longer time is
   10-7  reasonable because:>
   10-8              <(1)  without the fault of the landlord or his
   10-9  representative the landlord did not know of the tenant's request;>
  10-10              <(2)  the landlord required a cotenant to approve the
  10-11  request, and the cotenant delayed approval or did not approve;>
  10-12              <(3)  the tenant did not pay in advance charges
  10-13  requested by the landlord and authorized by Section 92.154;>
  10-14              <(4)  materials, labor, or utilities were unavailable;
  10-15  or>
  10-16              <(5)  the delay was caused by circumstances beyond the
  10-17  landlord's control, including the illness or death of the landlord
  10-18  or a member of the landlord's family.>
  10-19        <Sec. 92.154.  PAYMENT OF COSTS><.  (a)  A tenant who requests
  10-20  the landlord to install, change, or rekey a security device under
  10-21  Subsection (a) of Section 92.153 must pay the total cost to the
  10-22  landlord for complying with the request, even though the work is
  10-23  performed by the landlord's employees or by an independent
  10-24  contractor selected by the landlord, except the landlord may not
  10-25  charge the tenant for any part of the cost to:>
  10-26              <(1)  install a window latch if there has not been a
  10-27  window latch on the window during the tenant's occupancy;>
  10-28              <(2)  install a deadbolt lock if there has not been
  10-29  either a deadbolt lock or a doorknob lock on the door during the
  10-30  tenant's occupancy; or>
  10-31              <(3)  install a pin lock if there has not been a pin
  10-32  lock or other operable lock on the sliding glass door during the
  10-33  tenant's occupancy.>
  10-34        <(b)  The landlord may not charge a tenant more than the
  10-35  total cost for labor, materials, taxes, and extra keys.  If the
  10-36  landlord's employees perform the work, the cost may include a
  10-37  reasonable charge for overhead but may not include a profit to the
  10-38  landlord.>
  10-39        <(c)  The landlord may require advance payment of charges
  10-40  authorized by this section.>
  10-41        <Sec. 92.155.  REMOVAL OF SECURITY DEVICE BY TENANT><.  A
  10-42  security device installed, changed, or rekeyed under this
  10-43  subchapter becomes a fixture of the dwelling, and the tenant may
  10-44  not remove the security device or have it removed without the
  10-45  permission of the landlord.  A written lease may require the
  10-46  landlord's permission to be in writing.>
  10-47        <Sec. 92.156.  LANDLORD'S FAILURE TO COMPLY><.  A landlord who
  10-48  does not comply with a request to install, change, or rekey a
  10-49  security device in the manner and within the time required by
  10-50  Section 92.153 is liable according to this subchapter if:>
  10-51              <(1)  the tenant gives the landlord written notice that
  10-52  if the landlord does not comply with the request before the eighth
  10-53  day after the date the landlord receives the notice the tenant may
  10-54  exercise the remedies provided by this subchapter; and>
  10-55              <(2)  the landlord does not comply with the tenant's
  10-56  request before the eighth day after the date the tenant gave the
  10-57  landlord the notice.>
  10-58        <Sec. 92.157.  TENANT REMEDIES><.  The tenant of a landlord who
  10-59  is liable under Section 92.156 may:>
  10-60              <(1)  if the tenant is in possession of the dwelling,
  10-61  obtain a court order directing the landlord to install, change, or
  10-62  rekey a security device as requested by the tenant under this
  10-63  subchapter;>
  10-64              <(2)  obtain a judgment against the landlord for actual
  10-65  damages suffered by the tenant because of the landlord's violation;>
  10-66              <(3)  obtain a judgment against the landlord for one
  10-67  month's rent plus $100;>
  10-68              <(4)  obtain a judgment against the landlord for court
  10-69  costs and attorney's fees; and>
  10-70              <(5)  unilaterally terminate the lease without court
   11-1  proceedings.>
   11-2        <Sec. 92.158.  LANDLORD'S DEFENSES><.  The landlord has a
   11-3  defense to liability under Section 92.156 if:>
   11-4              <(1)  the tenant owes rent on the date the tenant gives
   11-5  a request under Subsection (a) of Section 92.153 or the notice
   11-6  required by Section 92.156; or>
   11-7              <(2)  on the date the tenant terminates the lease or
   11-8  files suit the tenant has not fully paid costs requested by the
   11-9  landlord and authorized by Section 92.154.>
  11-10        <Sec. 92.159.  AGENTS FOR DELIVERY OF NOTICE><.  A managing or
  11-11  leasing agent, whether residing or maintaining an office on-site or
  11-12  off-site, is the agent of the landlord for purposes of notice and
  11-13  other communications required or permitted by this subchapter.>
  11-14        <Sec. 92.160.  EFFECT ON OTHER LANDLORD DUTIES AND TENANT
  11-15  REMEDIES><.  The duties of a landlord and the remedies of a tenant
  11-16  under this subchapter are in lieu of common law, other statutory
  11-17  law, and local ordinances relating to a residential landlord's duty
  11-18  to install, change, or rekey security devices at the request of a
  11-19  tenant.  However, this subchapter does not affect a duty of a
  11-20  landlord or a remedy of a tenant under Subchapter B.>
  11-21        SECTION 4.  (a)  The changes in law made by this Act relating
  11-22  to a tenant's request for installation, change, rekeying, repair,
  11-23  or replacement of security devices at a residential rental dwelling
  11-24  apply only to those requests made to a landlord on or after the
  11-25  effective date of this Act.
  11-26        (b)  A tenant's request for installation, change, rekeying,
  11-27  repair, or replacement of security devices at a residential rental
  11-28  dwelling made to a landlord before the effective date of this Act
  11-29  is covered by the law in effect when the request was made, and the
  11-30  former law is continued in effect for this purpose.
  11-31        SECTION 5.  This Act takes effect September 1, 1993.
  11-32        SECTION 6.  The importance of this legislation and the
  11-33  crowded condition of the calendars in both houses create an
  11-34  emergency and an imperative public necessity that the
  11-35  constitutional rule requiring bills to be read on three several
  11-36  days in each house be suspended, and this rule is hereby suspended.
  11-37                               * * * * *
  11-38                                                         Austin,
  11-39  Texas
  11-40                                                         May 7, 1993
  11-41  Hon. Bob Bullock
  11-42  President of the Senate
  11-43  Sir:
  11-44  We, your Committee on Criminal Justice to which was referred H.B.
  11-45  No. 1368, have had the same under consideration, and I am
  11-46  instructed to report it back to the Senate with the recommendation
  11-47  that it do not pass, but that the Committee Substitute adopted in
  11-48  lieu thereof do pass and be printed.
  11-49                                                         Whitmire,
  11-50  Chairman
  11-51                               * * * * *
  11-52                               WITNESSES
  11-53                                                  FOR   AGAINST  ON
  11-54  ___________________________________________________________________
  11-55  Name:  Carol McDonald                                          x
  11-56  Representing:  ICUT, Inc
  11-57  City:  Austin
  11-58  -------------------------------------------------------------------
  11-59  Name:  Larry Neimann                                           x
  11-60  Representing:  Texas Apartment Assoc
  11-61  City:  Austin
  11-62  -------------------------------------------------------------------
  11-63  Name:  Rae Blackberry                            x
  11-64  Representing:  Self
  11-65  City:  Austin
  11-66  -------------------------------------------------------------------
  11-67  Name:  Phillip Blackberry                        x
  11-68  Representing:  Self
  11-69  City:  Austin
  11-70  -------------------------------------------------------------------
   12-1  Name:  G. K. Sprinkle                            x
   12-2  Representing:  Texas Assoc Against Sex. Assault
   12-3  City:  Austin
   12-4  -------------------------------------------------------------------
   12-5  Name:  James Hepfner                             x
   12-6  Representing:  Texas Apartment Assoc
   12-7  City:  Dallas
   12-8  -------------------------------------------------------------------
   12-9  Name:  Katherine Stark                           x
  12-10  Representing:  Texas Tenants Union
  12-11  City:  Austin
  12-12  -------------------------------------------------------------------
  12-13  Name:  Rhonda Cates                              x
  12-14  Representing:  Texas Council on Family Violence
  12-15  City:  Austin
  12-16  -------------------------------------------------------------------