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.