1-1 By: Danburg (Senate Sponsor - Henderson) H.B. No. 1564
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 12, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 25, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 5, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 COMMITTEE AMENDMENT NO. 1 By: Henderson
1-16 Amend H.B. 1564 in Section 1 of the bill by striking
1-17 Subdivisions (1) and (2) of Section 92.010(b), Property Code, as
1-18 added by the bill, and substituting the following:
1-19 (1) to the extent that the landlord is required by a
1-20 state or federal fair housing law to allow a higher occupancy rate;
1-21 (2) if the dwelling is operated by a public or private
1-22 college or university accredited by a recognized accrediting agency
1-23 as defined by Section 61.003, Education Code, or by a preparatory
1-24 school accredited by the Central Education Agency, a regional
1-25 accrediting agency, or another accrediting agency recognized by the
1-26 commissioner of education; or
1-27 (3) if an adult whose occupancy causes a violation of
1-28 Subsection (a) is seeking temporary sanctuary from family violence,
1-29 as defined by Section 71.01, Family Code, for a period that does
1-30 not exceed one month.
1-31 A BILL TO BE ENTITLED
1-32 AN ACT
1-33 relating to occupancy limits for rental dwellings.
1-34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-35 SECTION 1. Subchapter A, Chapter 92, Property Code, is
1-36 amended by adding Section 92.010 to read as follows:
1-37 Sec. 92.010. OCCUPANCY LIMITS. (a) Except as provided by
1-38 Subsection (b), the maximum number of adults that a landlord may
1-39 allow to occupy a dwelling is three times the number of bedrooms in
1-40 the dwelling.
1-41 (b) A landlord may allow an occupancy rate of more than
1-42 three adult tenants per bedroom:
1-43 (1) to the extent that the landlord is required by a
1-44 state or federal fair housing law to allow a higher occupancy rate;
1-45 or
1-46 (2) if an adult whose occupancy causes a violation of
1-47 Subsection (a) is seeking temporary sanctuary from family violence,
1-48 as defined by Section 71.01, Family Code, for a period that does
1-49 not exceed one month.
1-50 (c) An individual who owns or leases a dwelling within 3,000
1-51 feet of a dwelling as to which a landlord has violated this
1-52 section, or a governmental entity or civic association acting on
1-53 behalf of the individual, may file suit against a landlord to
1-54 enjoin the violation. A party who prevails in a suit under this
1-55 subsection may recover court costs and reasonable attorney's fees
1-56 from the other party. In addition to court costs and reasonable
1-57 attorney's fees, a plaintiff who prevails under this subsection may
1-58 recover from the landlord $500 for each violation of this section.
1-59 (d) In this section:
1-60 (1) "Adult" means an individual 18 years of age or
1-61 older.
1-62 (2) "Bedroom" means an area of a dwelling intended as
1-63 sleeping quarters. The term does not include a kitchen, dining
1-64 room, bathroom, living room, utility room, or closet or storage
1-65 area of a dwelling.
1-66 SECTION 2. This Act applies only to a residential lease
1-67 entered into or renewed or extended on or after the effective date
1-68 of this Act.
2-1 SECTION 3. This Act takes effect September 1, 1993.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.
2-7 * * * * *
2-8 Austin,
2-9 Texas
2-10 May 25, 1993
2-11 Hon. Bob Bullock
2-12 President of the Senate
2-13 Sir:
2-14 We, your Committee on Jurisprudence to which was referred H.B. No.
2-15 1564, have had the same under consideration, and I am instructed to
2-16 report it back to the Senate with the recommendation that it do
2-17 pass, as amended, and be printed.
2-18 Henderson,
2-19 Chairman
2-20 * * * * *
2-21 WITNESSES
2-22 FOR AGAINST ON
2-23 ___________________________________________________________________
2-24 Name: David Mintz x
2-25 Representing: Tx Apartment Assoc.
2-26 City: Austin
2-27 -------------------------------------------------------------------