1-1 By: Danburg (Senate Sponsor - Henderson) H.B. No. 1565
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 by the following
1-5 vote: Yeas 4, 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 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to a cash payment for rental of residential property.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Subchapter A, Chapter 92, Property Code, is
1-20 amended by adding Section 92.010 to read as follows:
1-21 Sec. 92.010. CASH RENTAL PAYMENTS. (a) A landlord shall
1-22 accept a tenant's timely cash rental payment unless a written lease
1-23 between the landlord and tenant requires the tenant to make rental
1-24 payments by check, money order, or other traceable or negotiable
1-25 instrument.
1-26 (b) A landlord who receives a cash rental payment shall:
1-27 (1) provide the tenant with a written receipt; and
1-28 (2) enter the payment date and amount in a record book
1-29 maintained by the landlord.
1-30 (c) A tenant or a governmental entity or civic association
1-31 acting on the tenant's behalf may file suit against a landlord to
1-32 enjoin a violation of this section. A party who prevails in a suit
1-33 brought under this subsection may recover court costs and
1-34 reasonable attorney's fees from the other party. In addition to
1-35 court costs and reasonable attorney's fees, a tenant who prevails
1-36 under this subsection may recover from the landlord the greater of
1-37 one month's rent or $500 for each violation of this section.
1-38 SECTION 2. This Act takes effect September 1, 1993.
1-39 SECTION 3. The importance of this legislation and the
1-40 crowded condition of the calendars in both houses create an
1-41 emergency and an imperative public necessity that the
1-42 constitutional rule requiring bills to be read on three several
1-43 days in each house be suspended, and this rule is hereby suspended.
1-44 * * * * *
1-45 Austin,
1-46 Texas
1-47 May 25, 1993
1-48 Hon. Bob Bullock
1-49 President of the Senate
1-50 Sir:
1-51 We, your Committee on Jurisprudence to which was referred H.B.
1-52 No. 1565, have had the same under consideration, and I am
1-53 instructed to report it back to the Senate with the recommendation
1-54 that it do pass and be printed.
1-55 Henderson,
1-56 Chairman
1-57 * * * * *
1-58 WITNESSES
1-59 FOR AGAINST ON
1-60 ___________________________________________________________________
1-61 Name: David Mintz x
1-62 Representing: Texas Apartment Assoc.
1-63 City: Austin
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