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.