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 -------------------------------------------------------------------