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 Amends Sections 92.153, Property Code, as follows: (a) Strikes outdated phase-in language.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.