BILL ANALYSIS C.S.S.B. 1605 By: Truan State Affairs 4-11-95 Committee Report (Substituted) BACKGROUND Landlords for certain rental dwellings are required to install a keyless bolting device on all exterior doors to prevent unlawful entries. However, it provides exceptions to this requirement 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. PURPOSE As proposed, C.S.S.B. 1605 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. 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 Sections 92.153(a) and (e)-(g), Property Code, as follows: (a) Adds Subsection (h) to the list of exceptions to the requirement that a dwelling be equipped with certain security devices. (e) Provides that a keyless bolting device is not required to be installed at the landlord's expense on an exterior door if an 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 (1) 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) Redesigate existing Subsections (f)-(g). SECTION 2. Emergency clause. Effective date: upon passage.