H.B. No. 1565
    1-1                                AN ACT
    1-2  relating to a cash payment for rental of residential property.
    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.  CASH RENTAL PAYMENTS.  (a)  A landlord shall
    1-7  accept a tenant's timely cash rental payment unless a written lease
    1-8  between the landlord and tenant requires the tenant to make rental
    1-9  payments by check, money order, or other traceable or negotiable
   1-10  instrument.
   1-11        (b)  A landlord who receives a cash rental payment shall:
   1-12              (1)  provide the tenant with a written receipt; and
   1-13              (2)  enter the payment date and amount in a record book
   1-14  maintained by the landlord.
   1-15        (c)  A tenant or a governmental entity or civic association
   1-16  acting on the tenant's behalf may file suit against a landlord to
   1-17  enjoin a violation of this section.  A party who prevails in a suit
   1-18  brought under this subsection may recover court costs and
   1-19  reasonable attorney's fees from the other party.  In addition to
   1-20  court costs and reasonable attorney's fees, a tenant who prevails
   1-21  under this subsection may recover from the landlord the greater of
   1-22  one month's rent or $500 for each violation of this section.
   1-23        SECTION 2.  This Act takes effect September 1, 1993.
   1-24        SECTION 3.  The importance of this legislation and the
    2-1  crowded condition of the calendars in both houses create an
    2-2  emergency and an imperative public necessity that the
    2-3  constitutional rule requiring bills to be read on three several
    2-4  days in each house be suspended, and this rule is hereby suspended.