By: Montford S.B. No. 611
73R2195 LJD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to security devices for certain rental dwellings;
1-3 providing civil penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 92.001, Property Code, is amended to read
1-6 as follows:
1-7 Sec. 92.001. Definitions. Except as otherwise provided by
1-8 this chapter, in <In> this chapter:
1-9 (1) "Dwelling" means one or more rooms rented for use
1-10 as a permanent residence under a single lease to one or more
1-11 tenants.
1-12 (2) "Landlord" means the owner, lessor, or sublessor
1-13 of a dwelling, but does not include a manager or agent of the
1-14 landlord unless the manager or agent purports to be the owner,
1-15 lessor, or sublessor in an oral or written lease.
1-16 (3) "Lease" means any written or oral agreement
1-17 between a landlord and tenant that establishes or modifies the
1-18 terms, conditions, rules, or other provisions regarding the use and
1-19 occupancy of a dwelling.
1-20 (4) "Normal wear and tear" means deterioration that
1-21 results from the intended use of a dwelling, including, for the
1-22 purposes of Subchapters <Subchapter> B and D, breakage or
1-23 malfunction due to age or deteriorated condition, but the term does
1-24 not include deterioration that results from negligence,
2-1 carelessness, accident, or abuse of the premises, equipment, or
2-2 chattels by the tenant, by a member of the tenant's household, or
2-3 by a guest of the tenant.
2-4 (5) "Premises" means a tenant's rental unit, any area
2-5 or facility the lease authorizes the tenant to use, and the
2-6 appurtenances, grounds, and facilities held out for the use of
2-7 tenants generally.
2-8 (6) "Tenant" means a person who is authorized by a
2-9 lease to occupy a dwelling to the exclusion of others and, for the
2-10 purposes of Subchapters D, E, and F, who is obligated under the
2-11 lease to pay rent.
2-12 SECTION 2. Section 92.005, Property Code, is amended to read
2-13 as follows:
2-14 Sec. 92.005. Attorney's Fees. (a) A party who prevails in
2-15 a suit brought under Subchapter B, <D,> E, or F may recover the
2-16 party's costs of court and reasonable attorney's fees in relation
2-17 to work reasonably expended.
2-18 (b) This section does not authorize a recovery of attorney's
2-19 fees in an action brought under Subchapter <D,> E<,> or F for
2-20 damages that relate to or arise from property damage, personal
2-21 injury, or a criminal act.
2-22 SECTION 3. Subchapter D, Chapter 92, Property Code, is
2-23 amended to read as follows:
2-24 SUBCHAPTER D. SECURITY DEVICES
2-25 Sec. 92.151. DEFINITIONS. In this subchapter:
2-26 (1) "Doorknob lock" means a lock in a doorknob, with
2-27 the lock operated from the exterior by a key, card, or combination
3-1 and from the interior without a key, card, or combination.
3-2 (2) "Door viewer" means a permanently installed device
3-3 in an exterior door that allows a person inside the dwelling to
3-4 view a person outside the door. The device must be:
3-5 (A) a clear glass pane or one-way mirror; or
3-6 (B) a peephole having a barrel with a one-way
3-7 lens of glass or other substance providing an angle view of not
3-8 less than 160 degrees.
3-9 (3) "Exterior door" means a door providing access from
3-10 a dwelling interior to the exterior. The term includes a door
3-11 between a living area and a garage but does not include a sliding
3-12 glass door or a screen door.
3-13 (4) "French doors" means a set of two exterior doors
3-14 in which each door is hinged and abuts the other door when closed.
3-15 The term includes double-hinged patio doors.
3-16 (5) "Keyed dead bolt" means:
3-17 (A) a door lock not in the doorknob that:
3-18 (i) locks with a bolt into the doorjamb;
3-19 and
3-20 (ii) is operated from the exterior by a
3-21 key, card, or combination and from the interior by a knob or lever
3-22 without a key, card, or combination; or
3-23 (B) a doorknob lock that contains a bolt with at
3-24 least a one-inch throw.
3-25 (6) "Keyless dead bolt" means a door lock not in the
3-26 doorknob that locks with a bolt into a strike plate screwed into
3-27 the portion of the doorjamb surface that faces the edge of the door
4-1 when the door is closed or into a metal doorjamb that serves as the
4-2 strike plate, operable only by knob or lever from the door's
4-3 interior and not in any manner from the door's exterior. The door
4-4 lock may be installed inside the door or on the interior surface of
4-5 the door. The term does not include a chain latch, flip latch,
4-6 surface-mounted slide bolt, mortise door bolt, surface-mounted
4-7 barrel bolt, surface-mounted swing bar door guard, spring-loaded
4-8 nightlatch, foot bolt, or other lock or latch.
4-9 (7) "Landlord" means a dwelling owner, lessor,
4-10 sublessor, management company, or managing agent, including an
4-11 on-site manager.
4-12 (8) "Multiunit complex" means two or more dwellings in
4-13 one or more buildings that are:
4-14 (A) under common ownership;
4-15 (B) managed by the same owner, agent, or
4-16 management company; and
4-17 (C) located on the same lot or tract or adjacent
4-18 lots or tracts of land.
4-19 (9) "Possession of a dwelling" means occupancy by a
4-20 tenant under a lease, including occupancy until the time the tenant
4-21 moves out or a writ of possession is issued by a court. The term
4-22 does not include occupancy before the initial occupancy date
4-23 authorized under a lease.
4-24 (10) "Rekey" means to change or alter a security
4-25 device that is operated by a key, card, or combination so that a
4-26 different key, card, or combination is necessary to operate the
4-27 security device.
5-1 (11) "Security device" means a doorknob lock, door
5-2 viewer, keyed dead bolt, keyless dead bolt, sliding door handle
5-3 latch, sliding door pin lock, sliding door security bar, or window
5-4 latch in a dwelling.
5-5 (12) "Sliding door handle latch" means a latch or
5-6 lock:
5-7 (A) located near the handle on a sliding glass
5-8 door;
5-9 (B) operated with or without a key; and
5-10 (C) designed to prevent the door from being
5-11 opened.
5-12 (13) "Sliding door pin lock" means a lock on a sliding
5-13 glass door that consists of a pin or nail inserted from the
5-14 interior side of the door at the side opposite the door's handle
5-15 and that is designed to prevent the door from being opened or
5-16 lifted.
5-17 (14) "Sliding door security bar" means a bar or rod
5-18 that can be placed at the bottom of or across the interior side of
5-19 the fixed panel of a sliding glass door and that is designed to
5-20 prevent the door from being opened.
5-21 (15) "Tenant turnover date" means the date a new
5-22 tenant moves into a dwelling under a lease after all previous
5-23 tenants have moved out. The term does not include dates of entry
5-24 or occupation not authorized by the landlord.
5-25 (16) "Window latch" means a device on a window that
5-26 prevents the window from being opened and that is operated without
5-27 a key and only from the interior.
6-1 Sec. 92.152. APPLICATION OF SUBCHAPTER. (a) This
6-2 subchapter does not apply to a room in a hotel, motel, or inn or to
6-3 similar transient housing.
6-4 (b) A dwelling to which this subchapter applies includes:
6-5 (1) a room in a dormitory or rooming house;
6-6 (2) a mobile home;
6-7 (3) a single family house, duplex, or triplex; and
6-8 (4) a living unit in an apartment, condominium,
6-9 cooperative, or townhome project.
6-10 Sec. 92.153. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF
6-11 TENANT REQUEST. (a) Except as provided by Subsections (b), (e),
6-12 (f), and (g) and without necessity of request by the tenant, a
6-13 dwelling must be equipped with:
6-14 (1) a window latch on each exterior window of the
6-15 dwelling;
6-16 (2) a doorknob lock or keyed dead bolt on each
6-17 exterior door;
6-18 (3) a sliding door handle latch or sliding door
6-19 security bar on each exterior sliding glass door of the dwelling;
6-20 (4) a sliding door pin lock on each exterior sliding
6-21 glass door of the dwelling;
6-22 (5) a keyless dead bolt with a one-inch throw and a
6-23 door viewer on each exterior door of the dwelling, if initial
6-24 construction of the dwelling was completed on or after September 1,
6-25 1993; and
6-26 (6) a keyless dead bolt with a one-inch throw and a
6-27 door viewer on each exterior door of the dwelling on or after
7-1 January 1, 1995.
7-2 (b) If the dwelling has French doors, one door of each pair
7-3 of French doors must meet the requirements of Subsection (a) and
7-4 the other door must have:
7-5 (1) a keyed or keyless dead bolt capable of insertion
7-6 into the doorjamb above the door and a keyless dead bolt capable of
7-7 insertion into the floor or threshold, each with a bolt having a
7-8 throw of one inch or more; or
7-9 (2) a bolt installed inside the door and operated from
7-10 the edge of the door, capable of insertion into the doorjamb above
7-11 the door, and another bolt installed inside the door and operated
7-12 from the edge of the door capable of insertion into the floor or
7-13 threshold, each bolt having a throw of three-fourths inch or more.
7-14 (c) A security device required by Subsection (a) or (b) must
7-15 be installed at the landlord's expense.
7-16 (d) Subsections (a) and (b) apply only when a tenant is in
7-17 possession of a dwelling.
7-18 (e) A keyless dead bolt is not required to be installed at
7-19 the landlord's expense on an exterior door if:
7-20 (1) the dwelling is part of a multiunit complex in
7-21 which the majority of dwelling units are leased to tenants who are
7-22 over 55 years of age or who have a physical or mental disability;
7-23 (2) the tenant in the dwelling is over 55 years of age
7-24 or has a physical or mental disability; and
7-25 (3) the landlord is expressly required or permitted to
7-26 periodically check on the well-being or health of the tenant as a
7-27 part of a written lease or other written agreement.
8-1 (f) A keyed dead bolt or a doorknob lock is not required to
8-2 be installed at the landlord's expense on an exterior door if at
8-3 the time the tenant agrees to lease the dwelling:
8-4 (1) at least one exterior door usable for normal entry
8-5 into the dwelling has both a keyed dead bolt and a keyless dead
8-6 bolt, installed in accordance with the height, strike plate, and
8-7 throw requirements of Section 92.154; and
8-8 (2) all other exterior doors have a keyless dead bolt
8-9 installed in accordance with the height, strike plate, and throw
8-10 requirements of Section 92.154.
8-11 (g) A security device required by this section must be
8-12 operable throughout the time a tenant is in possession of a
8-13 dwelling. However, a landlord may deactivate or remove the locking
8-14 mechanism of a doorknob lock or remove any device not qualifying as
8-15 a keyless dead bolt if a keyed dead bolt has been installed on the
8-16 same door.
8-17 Sec. 92.154. HEIGHT, STRIKE PLATE, AND THROW
8-18 REQUIREMENTS--KEYED OR KEYLESS DEAD BOLTS. (a) A keyed or keyless
8-19 dead bolt required by this subchapter must be installed at a
8-20 height:
8-21 (1) not lower than 36 inches from the floor; and
8-22 (2) not higher than:
8-23 (A) 54 inches from the floor, if installed
8-24 before September 1, 1993; or
8-25 (B) 48 inches from the floor, if installed on or
8-26 after September 1, 1993.
8-27 (b) A keyed or keyless dead bolt in a dwelling must:
9-1 (1) have a strike plate screwed into the portion of
9-2 the doorjamb surface that faces the edge of the door when the door
9-3 is closed; or
9-4 (2) be installed in a door with a metal doorjamb that
9-5 serves as the strike plate.
9-6 (c) A keyed or keyless dead bolt installed in a dwelling on
9-7 or after September 1, 1993, must have a bolt with a throw of not
9-8 less than one inch.
9-9 (d) The requirements of this section do not apply to a keyed
9-10 or keyless dead bolt in one door of a pair of French doors that is
9-11 installed in accordance with the requirements of Section
9-12 92.153(b)(1) or (2).
9-13 Sec. 92.155. HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY
9-14 DEVICES. A sliding door pin lock or sliding door security bar
9-15 required by this subchapter must be installed at a height not
9-16 higher than:
9-17 (1) 54 inches from the floor, if installed before
9-18 September 1, 1993; or
9-19 (2) 48 inches from the floor, if installed on or after
9-20 September 1, 1993.
9-21 Sec. 92.156. REKEYING OR CHANGE OF SECURITY DEVICES. (a) A
9-22 security device operated by a key, card, or combination shall be
9-23 rekeyed by the landlord at the landlord's expense not later than
9-24 the seventh day after each tenant turnover date.
9-25 (b) A landlord shall perform additional rekeying or change a
9-26 security device at the tenant's expense if requested by the tenant.
9-27 A tenant may make an unlimited number of requests under this
10-1 subsection.
10-2 (c) The expense of rekeying security devices for purposes of
10-3 the use or change of the landlord's master key must be paid by the
10-4 landlord.
10-5 (d) This section does not apply to locks on closet doors or
10-6 other interior doors.
10-7 Sec. 92.157. SECURITY DEVICES REQUESTED BY TENANT. (a) At
10-8 a tenant's request made at any time, a landlord, at the tenant's
10-9 expense, shall install:
10-10 (1) a keyed dead bolt on an exterior door if the door
10-11 has:
10-12 (A) a doorknob lock but not a keyed dead bolt;
10-13 or
10-14 (B) a keyless dead bolt but not a keyed dead
10-15 bolt or doorknob lock; and
10-16 (2) a sliding door pin lock or sliding door security
10-17 bar if the door is an exterior sliding glass door without a sliding
10-18 door pin lock or sliding door security bar.
10-19 (b) At a tenant's request made before January 1, 1995, a
10-20 landlord, at the tenant's expense, shall install on an exterior
10-21 door of a dwelling constructed before September 1, 1993:
10-22 (1) a keyless dead bolt if the door does not have a
10-23 keyless dead bolt; and
10-24 (2) a door viewer if the door does not have a door
10-25 viewer.
10-26 (c) If a security device required by Section 92.153 to be
10-27 installed on or after January 1, 1995, without necessity of a
11-1 tenant's request has not been installed by the landlord, the tenant
11-2 may request the landlord to immediately install it, and the
11-3 landlord shall immediately install it at the landlord's expense.
11-4 Sec. 92.158. LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY
11-5 DEVICE. During the lease term and any renewal period, a landlord
11-6 shall repair or replace a security device on request or
11-7 notification by the tenant that the security device is inoperable
11-8 or in need of repair or replacement.
11-9 Sec. 92.159. WHEN TENANT'S REQUEST OR NOTICE MUST BE IN
11-10 WRITING. A tenant's request or notice under this subchapter may be
11-11 given orally unless the tenant has a written lease that requires
11-12 the request or notice to be in writing and that requirement is
11-13 underlined or in boldface print in the lease.
11-14 Sec. 92.160. TYPE, BRAND, AND MANNER OF INSTALLATION.
11-15 Except as otherwise required by this subchapter, a landlord may
11-16 select the type, brand, and manner of installation, including
11-17 placement, of a security device installed under this subchapter.
11-18 This section does not apply to a security device installed,
11-19 repaired, changed, replaced, or rekeyed by a tenant under Section
11-20 92.164(a)(1) or 92.165(1).
11-21 Sec. 92.161. COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN
11-22 REASONABLE TIME. (a) Except as provided by Subsection (b), a
11-23 landlord must comply with a tenant's request for rekeying,
11-24 changing, installing, repairing, or replacing a security device
11-25 under Section 92.156, 92.157, or 92.158 within a reasonable time.
11-26 A reasonable time for purposes of this subsection is presumed to be
11-27 not later than the seventh day after the date the request is
12-1 received by the landlord.
12-2 (b) If within the time allowed under Section 92.162(c) a
12-3 landlord requests advance payment of charges that the landlord is
12-4 entitled to collect under that section, the landlord shall comply
12-5 with a tenant's request under Section 92.156(b), 92.157(a), or
12-6 92.157(b) within a reasonable time. A reasonable time for purposes
12-7 of this subsection is presumed to be not later than the seventh day
12-8 after the date a tenant's advance payment is received by the
12-9 landlord, except as provided by Subsection (c).
12-10 (c) A reasonable time for purposes of Subsection (b) is
12-11 presumed to be not later than 72 hours after the time of receipt of
12-12 the tenant's request and the tenant's advance payment if at the
12-13 time of making the request the tenant informed the landlord that:
12-14 (1) an unauthorized entry occurred or was attempted in
12-15 the tenant's dwelling;
12-16 (2) an unauthorized entry occurred or was attempted in
12-17 another unit in the multiunit complex in which the tenant's
12-18 dwelling is located during the two months preceding the date of the
12-19 request; or
12-20 (3) a crime of personal violence occurred in the
12-21 multiunit complex in which the tenant's dwelling is located during
12-22 the two months preceding the date of the request.
12-23 (d) A landlord may rebut the presumption provided by
12-24 Subsection (a) or (b) if despite the diligence of the landlord:
12-25 (1) the landlord did not know of the tenant's request,
12-26 without the fault of the landlord;
12-27 (2) materials, labor, or utilities were unavailable;
13-1 or
13-2 (3) a delay was caused by circumstances beyond the
13-3 landlord's control, including the illness or death of the landlord
13-4 or a member of the landlord's immediate family.
13-5 (e) This section does not apply to a landlord's duty to
13-6 install or rekey, without necessity of a tenant's request, a
13-7 security device under Section 92.153 or 92.156(a).
13-8 Sec. 92.162. PAYMENT OF CHARGES; LIMITS ON AMOUNT CHARGED.
13-9 (a) A landlord may not require a tenant to pay for repair or
13-10 replacement of a security device due to normal wear and tear. A
13-11 landlord may not require a tenant to pay for other repairs or
13-12 replacements of a security device except as provided by Subsections
13-13 (b), (c), and (d).
13-14 (b) A landlord may require a tenant to pay for repair or
13-15 replacement of a security device if an underlined provision in a
13-16 written lease authorizes the landlord to do so and the repair or
13-17 replacement is necessitated by misuse or damage by the tenant, a
13-18 member of the tenant's family, an occupant, or a guest, and not by
13-19 normal wear and tear. Misuse of or damage to a security device
13-20 that occurs during the tenant's occupancy is presumed to be caused
13-21 by the tenant, a family member, an occupant, or a guest. The
13-22 tenant has the burden of proving that the misuse or damage was
13-23 caused by another party.
13-24 (c) A landlord may require a tenant to pay in advance
13-25 charges for which the tenant is liable under this subchapter if a
13-26 written lease authorizes the landlord to require advance payment,
13-27 and the landlord notifies the tenant within a reasonable time after
14-1 the tenant's request that advance payment is required, and:
14-2 (1) the tenant is more than 30 days delinquent in
14-3 reimbursing the landlord for charges to which the landlord is
14-4 entitled under Subsection (b); or
14-5 (2) the tenant requested that the landlord repair,
14-6 install, change, or rekey the same security device during the 30
14-7 days preceding the tenant's request, and the landlord complied with
14-8 the request.
14-9 (d) A landlord authorized by this subchapter to charge a
14-10 tenant for repairing, installing, changing, or rekeying a security
14-11 device under this subchapter may not require the tenant to pay more
14-12 than the total cost charged by a third-party contractor for
14-13 material, labor, taxes, and extra keys. If the landlord's
14-14 employees perform the work, the charge may include a reasonable
14-15 amount for overhead but may not include a profit to the landlord.
14-16 If management company employees perform the work, the charge may
14-17 include reasonable overhead and profit but may not exceed the cost
14-18 charged to the owner by the management company for comparable
14-19 security devices installed by management company employees at the
14-20 owner's request and expense.
14-21 (e) The owner of a dwelling shall reimburse a management
14-22 company, managing agent, or on-site manager for costs expended by
14-23 that person in complying with this subchapter. A management
14-24 company, managing agent, or on-site manager may reimburse itself
14-25 for the costs from the owner's funds in its possession or control.
14-26 Sec. 92.163. REMOVAL OR ALTERATION OF SECURITY DEVICE BY
14-27 TENANT. A security device that is installed, changed, or rekeyed
15-1 under this subchapter becomes a fixture of the dwelling. Except as
15-2 provided by Section 92.164(a)(1) or 92.165(1) regarding the remedy
15-3 of repair-and-deduct, a tenant may not remove, change, rekey,
15-4 replace, or alter a security device or have it removed, changed,
15-5 rekeyed, replaced, or altered without permission of the landlord.
15-6 Sec. 92.164. TENANT REMEDIES FOR LANDLORD'S FAILURE TO
15-7 INSTALL OR REKEY CERTAIN SECURITY DEVICES. (a) If a landlord does
15-8 not comply with Section 92.153 or 92.156(a) regarding installation
15-9 or rekeying of a security device, the tenant may:
15-10 (1) install or rekey the security device as required
15-11 by this subchapter and deduct the reasonable cost of material,
15-12 labor, taxes, and extra keys from the tenant's next rent payment,
15-13 in accordance with Section 92.166;
15-14 (2) serve a written request for compliance on the
15-15 landlord, and, except as provided by Subsections (b) and (c), if
15-16 the landlord does not comply on or before the third day after the
15-17 date the notice is received, unilaterally terminate the lease
15-18 without court proceedings;
15-19 (3) file suit against the landlord without serving a
15-20 request for compliance and obtain a judgment for:
15-21 (A) a court order directing the landlord to
15-22 comply, if the tenant is in possession of the dwelling;
15-23 (B) the tenant's actual damages;
15-24 (C) court costs; and
15-25 (D) attorney's fees except in suits for recovery
15-26 of property damages, personal injuries, or wrongful death; and
15-27 (4) serve a written request for compliance on the
16-1 landlord, and, except as provided by Subsections (b) and (c), if
16-2 the landlord does not comply on or before the third day after the
16-3 date the notice is received, file suit against the landlord and
16-4 obtain a judgment for:
16-5 (A) a court order directing the landlord to
16-6 comply and bring all dwellings owned by the landlord into
16-7 compliance, if the tenant serving the written request is in
16-8 possession of the dwelling;
16-9 (B) the tenant's actual damages;
16-10 (C) punitive damages if the tenant suffers
16-11 actual damages;
16-12 (D) a civil penalty of one month's rent plus
16-13 $500;
16-14 (E) court costs; and
16-15 (F) attorney's fees except in suits for recovery
16-16 of property damages, personal injuries, or wrongful death.
16-17 (b) A tenant may not unilaterally terminate the lease under
16-18 Subsection (a)(2) or file suit against the landlord to obtain a
16-19 judgment under Subsection (a)(4) unless the landlord does not
16-20 comply on or before the seventh day after the date the written
16-21 request for compliance is received if the lease includes language
16-22 underlined or in boldface print that in substance provides the
16-23 tenant with notice that:
16-24 (1) the landlord at the landlord's expense is required
16-25 to equip the dwelling, when the tenant takes possession, with the
16-26 security devices described by Sections 92.153(a)(1)-(4) and (6);
16-27 (2) the landlord is not required to install a doorknob
17-1 lock or keyed dead bolt at the landlord's expense if the exterior
17-2 doors meet the requirements of Section 92.153(f);
17-3 (3) the landlord is not required to install a keyless
17-4 dead bolt at the landlord's expense on an exterior door if the
17-5 landlord is expressly required or permitted to periodically check
17-6 on the well-being or health of the tenant as provided by Section
17-7 92.153(e)(3); and
17-8 (4) the tenant has the right to install or rekey a
17-9 security device required by this subchapter and deduct the
17-10 reasonable cost from the tenant's next rent payment, as provided by
17-11 Subsection (a)(1).
17-12 (c) Regardless of whether the lease contains language
17-13 complying with the requirements of Subsection (b), the additional
17-14 time for landlord compliance provided by Subsection (b) does not
17-15 apply if at the time the tenant served the written request for
17-16 compliance on the landlord the tenant informed the landlord that an
17-17 unauthorized entry occurred or was attempted in the tenant's
17-18 dwelling, an unauthorized entry occurred or was attempted in
17-19 another unit in the multiunit complex in which the tenant's
17-20 dwelling is located during the two months preceding the date of the
17-21 request, or a crime of personal violence occurred in the multiunit
17-22 complex in which the tenant's dwelling is located during the two
17-23 months preceding the date of the request, unless despite the
17-24 diligence of the landlord:
17-25 (1) the landlord did not know of the tenant's request,
17-26 without the fault of the landlord;
17-27 (2) materials, labor, or utilities were unavailable;
18-1 or
18-2 (3) a delay was caused by circumstances beyond the
18-3 landlord's control, including the illness or death of the landlord
18-4 or a member of the landlord's immediate family.
18-5 Sec. 92.165. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS.
18-6 If a landlord does not comply with a tenant's request regarding
18-7 rekeying, changing, adding, repairing, or replacing a security
18-8 device under Section 92.156(b), 92.157, or 92.158 in accordance
18-9 with the time limits and other requirements of this subchapter, the
18-10 tenant may:
18-11 (1) install, repair, change, replace, or rekey the
18-12 security devices as required by this subchapter and deduct the
18-13 reasonable cost of material, labor, taxes, and extra keys from the
18-14 tenant's next rent payment in accordance with Section 92.166;
18-15 (2) unilaterally terminate the lease without court
18-16 proceedings; and
18-17 (3) file suit against the landlord and obtain a
18-18 judgment for:
18-19 (A) a court order directing the landlord to
18-20 comply, if the tenant is in possession of the dwelling;
18-21 (B) the tenant's actual damages;
18-22 (C) punitive damages if the tenant suffers
18-23 actual damages and the landlord's failure to comply is intentional,
18-24 malicious, or grossly negligent;
18-25 (D) a civil penalty of one month's rent plus
18-26 $500;
18-27 (E) court costs; and
19-1 (F) attorney's fees except in suits for recovery
19-2 of property damages, personal injuries, or wrongful death.
19-3 Sec. 92.166. NOTICE OF TENANT'S DEDUCTION OF REPAIR COSTS
19-4 FROM RENT. (a) A tenant shall notify the landlord of a rent
19-5 deduction attributable to the tenant's installing, repairing,
19-6 changing, replacing, or rekeying of a security device under Section
19-7 92.164(a)(1) or 92.165(1) after the landlord's failure to comply
19-8 with this subchapter. The notice must be given at the time of the
19-9 reduced rent payment.
19-10 (b) Unless otherwise provided in a written lease, a tenant
19-11 shall provide one duplicate of the key to any key-operated security
19-12 device installed or rekeyed by the tenant under Section
19-13 92.164(a)(1) or 92.165(1) within a reasonable time after the
19-14 landlord's written request for the key.
19-15 Sec. 92.167. LANDLORD'S DEFENSES. (a) A landlord has a
19-16 defense to liability under Section 92.165 if on the date the tenant
19-17 terminates the lease or files suit the tenant has not fully paid
19-18 costs requested by the landlord and authorized by this subchapter.
19-19 (b) A management company or managing agent who is not the
19-20 owner of a dwelling and who has not purported to be the owner in
19-21 the lease has a defense to liability under Sections 92.164 and
19-22 92.165 if before the date the tenant is in possession of the
19-23 dwelling or the date of the tenant's request for installation,
19-24 repair, replacement, change, or rekeying and before any property
19-25 damage or personal injury to the tenant, the management company or
19-26 managing agent:
19-27 (1) did not have funds of the dwelling owner in its
20-1 possession or control with which to comply with this subchapter;
20-2 (2) made written request to the dwelling owner that
20-3 the owner fund and allow installation, repair, change, replacement,
20-4 or rekeying of security devices as required under this subchapter
20-5 and mailed the request, certified mail return receipt requested, to
20-6 the dwelling owner; and
20-7 (3) not later than the third day after the date of
20-8 receipt of the tenant's request, provided the tenant with a written
20-9 notice:
20-10 (A) stating that the management company or
20-11 managing agent has taken the actions in Subdivisions (1) and (2);
20-12 (B) stating that the owner has not provided or
20-13 will not provide the necessary funds; and
20-14 (C) explaining the remedies available to the
20-15 tenant for the landlord's failure to comply.
20-16 Sec. 92.168. TENANT'S REMEDY ON NOTICE FROM MANAGEMENT
20-17 COMPANY. The tenant may unilaterally terminate the lease or
20-18 exercise other remedies under Sections 92.164 and 92.165 after
20-19 receiving written notice from a management company that the owner
20-20 of the dwelling has not provided or will not provide funds to
20-21 repair, install, change, replace, or rekey a security device as
20-22 required by this subchapter.
20-23 Sec. 92.169. AGENT FOR DELIVERY OF NOTICE. A managing agent
20-24 or an agent to whom rent is regularly paid, whether residing or
20-25 maintaining an office on-site or off-site, is the agent of the
20-26 landlord for purposes of notice and other communications required
20-27 or permitted by this subchapter.
21-1 Sec. 92.170. EFFECT ON OTHER LANDLORD DUTIES AND TENANT
21-2 REMEDIES. The duties of a landlord and the remedies of a tenant
21-3 under this subchapter are in lieu of common law, other statutory
21-4 law, and local ordinances relating to a residential landlord's duty
21-5 to install, change, rekey, repair, or replace security devices and
21-6 a tenant's remedies for the landlord's failure to install, change,
21-7 rekey, repair, or replace security devices, except that a municipal
21-8 ordinance adopted before January 1, 1993, may require installation
21-9 of security devices at the landlord's expense by an earlier date
21-10 than a date required by this subchapter. This subchapter does not
21-11 affect a duty of a landlord or a remedy of a tenant under
21-12 Subchapter B regarding habitability.
21-13 <Sec. 92.151. DEFINITIONS><. In this subchapter:>
21-14 <(1) "Deadbolt lock" means a deadbolt lock in a door,
21-15 with the lock operated from the exterior by a key and from the
21-16 interior without a key by knob or lever.>
21-17 <(2) "Doorknob lock" means a lock in a doorknob, with
21-18 the lock operated from the exterior by a key and from the interior
21-19 without a key.>
21-20 <(3) "Night latch" means a door chain latch or a door
21-21 lock, with the lock operated without a key and only from the
21-22 interior by chain, knob, or lever.>
21-23 <(4) "Pin lock" means a sliding glass door lock, with
21-24 the lock operated without a key and only from the interior by
21-25 inserting a pin or rod to prevent movement.>
21-26 <(5) "Window latch" means a lock on a window, with the
21-27 lock operated without a key and only from the interior.>
22-1 <Sec. 92.152. SECURITY DEVICE><. A latch or lock qualifies as
22-2 a security device under this subchapter if it is acceptable to a
22-3 landlord and a tenant, or if it is an operable window latch,
22-4 deadbolt lock, night latch, or pin lock selected by the landlord.>
22-5 <Sec. 92.153. DUTY TO INSTALL, CHANGE, OR REKEY><. (a) The
22-6 landlord shall install, change, or rekey a security device
22-7 according to this subchapter after the landlord receives a request
22-8 from the tenant of a dwelling. If the tenant's lease is in
22-9 writing, the lease may require the request to be written.>
22-10 <(b) The landlord may select how and where a security device
22-11 is installed in a tenant's dwelling. The landlord's obligation
22-12 under Subsection (a) is limited to installing:>
22-13 <(1) one window latch on each exterior window;>
22-14 <(2) one pin lock on each exterior sliding glass door;
22-15 and>
22-16 <(3) one deadbolt lock and one night latch on each
22-17 exterior door other than a sliding glass door, screen door, or
22-18 garage door, but including a door between the living area and a
22-19 garage.>
22-20 <(c) A tenant may require a security device to be changed or
22-21 rekeyed an unlimited number of times.>
22-22 <(d) Before complying with a request to install, change, or
22-23 rekey a security device, the landlord may require all the tenants
22-24 of a dwelling to approve the request.>
22-25 <(e) The landlord must comply with the request to install,
22-26 change, or rekey within a reasonable time, which is presumed to be
22-27 before the 15th day after the date the request is received. The
23-1 landlord may rebut the presumption by proving that despite the
23-2 diligence of the landlord's representative a longer time is
23-3 reasonable because:>
23-4 <(1) without the fault of the landlord or his
23-5 representative the landlord did not know of the tenant's request;>
23-6 <(2) the landlord required a cotenant to approve the
23-7 request, and the cotenant delayed approval or did not approve;>
23-8 <(3) the tenant did not pay in advance charges
23-9 requested by the landlord and authorized by Section 92.154;>
23-10 <(4) materials, labor, or utilities were unavailable;
23-11 or>
23-12 <(5) the delay was caused by circumstances beyond the
23-13 landlord's control, including the illness or death of the landlord
23-14 or a member of the landlord's family.>
23-15 <Sec. 92.154. PAYMENT OF COSTS><. (a) A tenant who requests
23-16 the landlord to install, change, or rekey a security device under
23-17 Subsection (a) of Section 92.153 must pay the total cost to the
23-18 landlord for complying with the request, even though the work is
23-19 performed by the landlord's employees or by an independent
23-20 contractor selected by the landlord, except the landlord may not
23-21 charge the tenant for any part of the cost to:>
23-22 <(1) install a window latch if there has not been a
23-23 window latch on the window during the tenant's occupancy;>
23-24 <(2) install a deadbolt lock if there has not been
23-25 either a deadbolt lock or a doorknob lock on the door during the
23-26 tenant's occupancy; or>
23-27 <(3) install a pin lock if there has not been a pin
24-1 lock or other operable lock on the sliding glass door during the
24-2 tenant's occupancy.>
24-3 <(b) The landlord may not charge a tenant more than the
24-4 total cost for labor, materials, taxes, and extra keys. If the
24-5 landlord's employees perform the work, the cost may include a
24-6 reasonable charge for overhead but may not include a profit to the
24-7 landlord.>
24-8 <(c) The landlord may require advance payment of charges
24-9 authorized by this section.>
24-10 <Sec. 92.155. REMOVAL OF SECURITY DEVICE BY TENANT><. A
24-11 security device installed, changed, or rekeyed under this
24-12 subchapter becomes a fixture of the dwelling, and the tenant may
24-13 not remove the security device or have it removed without the
24-14 permission of the landlord. A written lease may require the
24-15 landlord's permission to be in writing.>
24-16 <Sec. 92.156. LANDLORD'S FAILURE TO COMPLY><. A landlord who
24-17 does not comply with a request to install, change, or rekey a
24-18 security device in the manner and within the time required by
24-19 Section 92.153 is liable according to this subchapter if:>
24-20 <(1) the tenant gives the landlord written notice that
24-21 if the landlord does not comply with the request before the eighth
24-22 day after the date the landlord receives the notice the tenant may
24-23 exercise the remedies provided by this subchapter; and>
24-24 <(2) the landlord does not comply with the tenant's
24-25 request before the eighth day after the date the tenant gave the
24-26 landlord the notice.>
24-27 <Sec. 92.157. TENANT REMEDIES><. The tenant of a landlord who
25-1 is liable under Section 92.156 may:>
25-2 <(1) if the tenant is in possession of the dwelling,
25-3 obtain a court order directing the landlord to install, change, or
25-4 rekey a security device as requested by the tenant under this
25-5 subchapter;>
25-6 <(2) obtain a judgment against the landlord for actual
25-7 damages suffered by the tenant because of the landlord's violation;>
25-8 <(3) obtain a judgment against the landlord for one
25-9 month's rent plus $100;>
25-10 <(4) obtain a judgment against the landlord for court
25-11 costs and attorney's fees; and>
25-12 <(5) unilaterally terminate the lease without court
25-13 proceedings.>
25-14 <Sec. 92.158. LANDLORD'S DEFENSES><. The landlord has a
25-15 defense to liability under Section 92.156 if:>
25-16 <(1) the tenant owes rent on the date the tenant gives
25-17 a request under Subsection (a) of Section 92.153 or the notice
25-18 required by Section 92.156; or>
25-19 <(2) on the date the tenant terminates the lease or
25-20 files suit the tenant has not fully paid costs requested by the
25-21 landlord and authorized by Section 92.154.>
25-22 <Sec. 92.159. AGENTS FOR DELIVERY OF NOTICE><. A managing or
25-23 leasing agent, whether residing or maintaining an office on-site or
25-24 off-site, is the agent of the landlord for purposes of notice and
25-25 other communications required or permitted by this subchapter.>
25-26 <Sec. 92.160. EFFECT ON OTHER LANDLORD DUTIES AND TENANT
25-27 REMEDIES><. The duties of a landlord and the remedies of a tenant
26-1 under this subchapter are in lieu of common law, other statutory
26-2 law, and local ordinances relating to a residential landlord's duty
26-3 to install, change, or rekey security devices at the request of a
26-4 tenant. However, this subchapter does not affect a duty of a
26-5 landlord or a remedy of a tenant under Subchapter B.>
26-6 SECTION 4. (a) The changes in law made by this Act relating
26-7 to a tenant's request for installation, change, rekeying, repair,
26-8 or replacement of security devices at a residential rental dwelling
26-9 apply only to those requests made to a landlord on or after the
26-10 effective date of this Act.
26-11 (b) A tenant's request for installation, change, rekeying,
26-12 repair, or replacement of security devices at a residential rental
26-13 dwelling made to a landlord before the effective date of this Act
26-14 is covered by the law in effect when the request was made, and the
26-15 former law is continued in effect for this purpose.
26-16 SECTION 5. This Act takes effect September 1, 1993.
26-17 SECTION 6. The importance of this legislation and the
26-18 crowded condition of the calendars in both houses create an
26-19 emergency and an imperative public necessity that the
26-20 constitutional rule requiring bills to be read on three several
26-21 days in each house be suspended, and this rule is hereby suspended.