73R2997 MJW-F By Danburg H.B. No. 1565 A BILL TO BE ENTITLED 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.