By: Alonzo H.B. No. 1919 73R5565 LJD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a landlord's right to enter a residential dwelling. 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. LANDLORD'S RIGHT OF ENTRY. (a) A landlord or 1-7 a manager or agent of a landlord may not enter a dwelling unless: 1-8 (1) entry is justified under Subsection (b); 1-9 (2) notice is provided under Subsection (c) and the 1-10 tenant does not object as provided by Subsection (d); or 1-11 (3) the entry is for purposes of making repairs 1-12 requested by the tenant and the tenant has waived the notice 1-13 required by Subsection (c). 1-14 (b) Entry is justified if: 1-15 (1) the landlord, manager, or agent entering the 1-16 dwelling reasonably believes entry is immediately necessary to 1-17 avoid imminent harm to a person or property; and 1-18 (2) the desirability and urgency of avoiding the harm 1-19 clearly outweigh, according to ordinary standards of 1-20 reasonableness, the harm to the tenant caused by the entry. 1-21 (c) A landlord or a manager or agent of a landlord must give 1-22 written notice to a tenant of the person's intention to enter the 1-23 tenant's dwelling. The notice must state the proposed date and 1-24 hour of entry, which may not be earlier than the third day after 2-1 the date the tenant actually receives the notice, and must provide 2-2 a contact person's name and telephone number for purposes of a 2-3 tenant's objection to the proposed date and hour under Subsection 2-4 (d). A notice under this subsection may be sent by: 2-5 (1) personal delivery of the notice to the tenant; 2-6 (2) securely affixing the notice to an exterior door 2-7 of the dwelling, if the tenant's lease authorizes in writing 2-8 delivery in that manner; or 2-9 (3) delivery by the postal service of a notice 2-10 addressed to the tenant and sent by certified mail, return receipt 2-11 requested. 2-12 (d) If the tenant objects to the proposed date or hour of 2-13 entry provided by a notice received under Subsection (c), the 2-14 tenant shall contact the contact person listed in the notice and 2-15 the parties shall arrange a mutually convenient time for the entry. 2-16 (e) A landlord or a manager or agent of a landlord who 2-17 enters a dwelling under the authority of Subsection (a)(1) or (3) 2-18 shall provide the tenant with a written statement detailing the 2-19 nature of and justification for the entry or the repair and the 2-20 action that was taken not later than 24 hours after the first hour 2-21 of the entry. 2-22 (f) If a landlord or a manager or agent of a landlord 2-23 violates this section or retaliates against a tenant for exercising 2-24 the tenant's rights under this section, the tenant may: 2-25 (1) terminate the lease without penalty and obtain a 2-26 refund of the tenant's security deposit; 2-27 (2) deduct from the tenant's next rental payment or 3-1 payments, without the necessity of judicial action, an amount equal 3-2 to one-half of the rental otherwise due for a one-month period; or 3-3 (3) file suit and recover from the landlord or the 3-4 manager or agent of the landlord an amount equal to the sum of: 3-5 (A) the tenant's actual damages; 3-6 (B) statutory damages in the amount of $1,500; 3-7 (C) punitive damages awarded; 3-8 (D) reasonable attorney's fees; and 3-9 (E) court costs. 3-10 (g) A deduction lawfully made under Subsection (f)(2) is a 3-11 defense to a forcible detainer suit. 3-12 (h) A provision of a lease that purports to waive a right or 3-13 to exempt a party from a liability or duty under this section is 3-14 void. 3-15 SECTION 2. Section 30.05(c), Penal Code, is amended to read 3-16 as follows: 3-17 (c) It is a defense to prosecution under this section that 3-18 the actor at the time of the offense was: 3-19 (1) a fire fighter or emergency medical services 3-20 personnel, as that term is defined by Section 773.003, Health and 3-21 Safety Code, acting in the lawful discharge of an official duty 3-22 under exigent circumstances; or 3-23 (2) a landlord or a manager or agent of a landlord 3-24 entering a dwelling in accordance with Section 92.010, Property 3-25 Code. 3-26 SECTION 3. This Act applies only to a lease entered into or 3-27 renewed on or after the effective date of this Act. 4-1 SECTION 4. This Act takes effect September 1, 1993. 4-2 SECTION 5. The importance of this legislation and the 4-3 crowded condition of the calendars in both houses create an 4-4 emergency and an imperative public necessity that the 4-5 constitutional rule requiring bills to be read on three several 4-6 days in each house be suspended, and this rule is hereby suspended.