BILL ANALYSIS


                                                        H.B. 2803
                                        By: Naishtat (Barrientos)
                                             Economic Development
                                                          5-23-95
                              Senate Committee Report (Unamended)
BACKGROUND

Current law does not address when a landlord can interrupt utility
service where the utility payment is included in the monthly rent.
As a result, it is not uncommon for landlords to cut off a tenant's
gas, water, or electricity when the tenant is late in paying the
rent or when the landlord believes there is some violation of the
lease agreement.

PURPOSE

As proposed, H.B. 2803 prohibits improper utility disconnections in
residential tenancies.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 92.008, Property Code, as follows:

     Sec. 92.008. New heading: INTERRUPTION OF UTILITIES. (a) Makes
     no changes.
     
     (b) Prohibits a landlord from causing the interruption of
       water, wastewater, gas, or electric service furnished to a
       tenant by the landlord as an incident of the tenancy or by
       other agreement unless the interruption results from bona
       fide repairs, construction, or an emergency.
       
       (c)-(d) Set forth provisions under which a landlord may
       cause the interruption of electrical service furnished to a
       tenant by the landlord as an incident of the tenancy or by
       other agreement.
       
       (e) Requires a landlord who interrupts electrical service
       under Subsection (c) or (d) to restore the service not later
       than two hours after the time the tenant tenders, during the
       landlord's normal business hours, the delinquent electric
       bill or rent owed to the landlord.
       
       (f) Authorizes the tenant, if a landlord or a landlord's
       agent violates this section, to either recover possession of
       the premises or terminate the lease; and recover from the
       landlord an amount equal to the greater of: the sum of the
       tenant's actual damages, one month's rent, or $500;
       attorney's fees and court costs, less any delinquent rents
       or other sums for which the tenant is liable to the
       landlord.
       
       (g) Provides that a provision of a lease that purports to
       waive a rights or to exempt a party from a liability or duty
       under this section is void.
       
       Sec. 92.0081. REMOVAL OF PROPERTY AND EXCLUSION OF RESIDENTIAL
     TENANT. (a)-(e) Redesignate existing Subsections (b)-(f).
     
     SECTION 2.     Effective date: September 1, 1995.

SECTION 3. Emergency clause.