73R2996 MJW-F
          By Danburg                                            H.B. No. 1564
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to occupancy limits for rental dwellings.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter A, Chapter 92, Property Code, is
    1-5  amended by adding Section 92.010 to read as follows:
    1-6        Sec. 92.010.  OCCUPANCY LIMITS.  (a)  Except as provided by
    1-7  Subsection (b), the maximum number of adults that a landlord may
    1-8  allow to occupy a dwelling is three times the number of bedrooms in
    1-9  the dwelling.
   1-10        (b)  A landlord may allow an occupancy rate of more than
   1-11  three adult tenants per bedroom:
   1-12              (1)  to the extent that the landlord is required by a
   1-13  state or federal fair housing law to allow a higher occupancy rate;
   1-14  or
   1-15              (2)  if an adult whose occupancy causes a violation of
   1-16  Subsection (a) is seeking temporary sanctuary from family violence,
   1-17  as defined by Section 71.01, Family Code, for a period that does
   1-18  not exceed one month.
   1-19        (c)  An individual who owns or leases a dwelling within 3,000
   1-20  feet of a dwelling as to which a landlord has violated this
   1-21  section, or a governmental entity or civic association acting on
   1-22  behalf of the individual, may file suit against a landlord to
   1-23  enjoin the violation.  A party who prevails in a suit under this
   1-24  subsection may recover court costs and reasonable attorney's fees
    2-1  from the other party.  In addition to court costs and reasonable
    2-2  attorney's fees, a plaintiff who prevails under this subsection may
    2-3  recover from the landlord $500 for each violation of this section.
    2-4        (d)  In this section:
    2-5              (1)  "Adult" means an individual 18 years of age or
    2-6  older.
    2-7              (2)  "Bedroom" means an area of a dwelling intended as
    2-8  sleeping quarters.  The term does not include a kitchen, dining
    2-9  room, bathroom, living room, utility room, or closet or storage
   2-10  area of a dwelling.
   2-11        SECTION 2.  This Act applies only to a residential lease
   2-12  entered into or renewed or extended on or after the effective date
   2-13  of this Act.
   2-14        SECTION 3.  This Act takes effect September 1, 1993.
   2-15        SECTION 4.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended.