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.