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