BILL ANALYSIS



C.S.S.B. 1605
By: Truan (Lewis, Ron)
5-10-95
Committee Report (Substituted)


BACKGROUND

Landlords for certain rental dwellings are currently required to
install a keyless bolting device on all exterior doors to prevent
unlawful, silent entries.  However, exceptions to this requirement
are provided if the majority of the units in a multiunit complex
are occupied by elderly or disabled tenants, the tenant in the
dwelling is elderly or disabled, and the landlord is required to
check on the well-being of the tenant.

The law does not provide exceptions for the benefit of those
elderly or disabled tenants who do not reside in a dwelling where
the majority of the units are occupied by elderly or disabled
tenants, or for an elderly or disabled occupant in a rental
dwelling.  It also makes no provisions for temporary residential
tenancies created by closing procedures during the sale of a home.

PURPOSE

S.B. 1605, as substituted exempts a landlord from the requirement
that a keyless bolting device be installed on an exterior door if
a tenant or occupant of a dwelling is over 55 years of age or has
a mental disability.  It provides an exemption for temporary
tenancies created during the closing of a sale and makes non-substantive, technical changes.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

     SECTION 1. Amends Section 92.152, Property Code, by making
technical, non-substantive changes and the following:

     (a)(2) Technical correction in code reference.

     (a)(4) Adds Subsection (4) to provide an exception for
temporary tenencies created during the closing of a sale.

     (b) Amends Subsection (b) to provide a technical correction
that corresponds with the new language provided by subsection (a).

     SECTION 2. Amends Sections 92.153, Property Code, as follows:

     (a) Strikes outdated phase-in language.

     (e)(2) Provides that a keyless bolting device is not required
to be installed at the landlord's expense on an exterior door if a
tenant or occupant in the dwelling is over 55 years of age or has
a mental disability.

     (f) Provides that a keyless bolting device is not required to
be installed at the landlord's expense on an exterior door if a
tenant or occupant in the dwelling is over 55 years of age or has
a physical or mental disability and the tenant requests in writing
that the landlord deactivate or not install the device and
certifies in the request that the tenant or occupant meets
requirements of Subdivision (e) of this subsection.  Requires the
request to be in a separate document and prohibits it from being
included as a part of a lease or rental agreement.  Requires the
tenant's request and the landlord's deactivation or noninstallation
to be bona fide and not for the purpose of evading the duty of the
landlord under this subchapter.

     (g)-(h) Redesignate existing Subsections (f)-(g).

     (i) Subjects a landlord to the existing tenant remedies if the
landlord claims an exemption under Subsections (e), (f), or (g) and
knows or has reason to know that the requirements for the
exemptions are not fulfilled.

SECTION 3. Establishes the effective date as September 1, 1995.

SECTION 4. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The major points of difference between S.B. 1605, as engrossed and
the committee substitute are as follows: 

     Inserts a new SECTION 1 which amends Section 92.152, Property
Code, by making technical changes and adding Subsection (a) (4)
which exempts temporary tenancies created during the closing of a
sale of a residence.

     Under the substitute, SECTION 2 is SECTION 1 of the engrossed
version.  Amends Subsection (f) to clarify the landlord's duty to
meet the requirements of the exemption.  Adds Subsection (i) which
specifies that landlords are subject to existing tenant remedies if
the exemption provided under Subsection (e), (f), or (g) were
applied if the landlord knew or had reason to know that the
requirements of the subsection granting the exemption were not
fulfilled.  
     SECTION  2 of the engrossed version is renumbered as SECTION
3 and SECTION 4 in the substitute.  SECTION 3 establishes the
effective date as September 1, 1995.  SECTION 4 provides the
emergency clause.

     The substitute lays out the section in its entirety.

SUMMARY OF COMMITTEE ACTION

S.B. 1605 was considered by the committee in a formal meeting on
May 10, 1995.  A complete committee substitute was considered by
the committee to the bill.  Without objection, the substitute was
adopted.  S.B. 1605 was reported favorably, as substituted with the
recommendation that it do pass and be printed, by a record vote of
7 (seven) ayes, 0 (zero) nays, 0 (zero) present-not-voting, and  2
(two) absent.