By Culberson H.B. No. 1021
74R514 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating an affirmative defense to certain damage
1-3 claims for a landlord and the landlord's agent who comply with
1-4 certain security and safety requirements.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 92, Property Code, is
1-7 amended by adding Sections 92.0061 and 92.0062 to read as follows:
1-8 Sec. 92.0061. LANDLORD'S LIABILITY FOR CRIMES COMMITTED ON
1-9 LEASED PROPERTY. (a) A landlord or the landlord's agent may
1-10 assert an affirmative defense to a civil action for damages for
1-11 property damage, personal injury, or death proximately caused by
1-12 the criminal act of a third party occurring on leased property if:
1-13 (1) the leased property was maintained in compliance
1-14 with Subchapters B and D when the incident giving rise to the civil
1-15 action occurred; and
1-16 (2) the lease signed by the tenant includes the
1-17 following conspicuous disclosure printed in 10-point bold-faced
1-18 type or uppercase typewritten letters:
1-19 "The landlord or the landlord's agent makes no representation
1-20 to the tenant regarding the security of the leased premises. The
1-21 landlord or the landlord's agent is not responsible for criminal
1-22 acts of a third party. Security measures provided by the landlord
1-23 or the landlord's agent cannot prevent all criminal activity, and
1-24 the tenant cannot rely on the security measures taken by the
2-1 landlord or the landlord's agent as the sole means of crime
2-2 prevention and protection. Excluding security measures the
2-3 landlord or the landlord's agent is required to provide by state
2-4 law, the tenant and the local law enforcement agency are
2-5 responsible for all residential crime prevention and protection.
2-6 The tenant is responsible for notifying the local law enforcement
2-7 agency in the event of a security problem. The location of the
2-8 local law enforcement agency is: (address). The phone number of
2-9 the local law enforcement agency is: 911 or (local phone number)."
2-10 (b) A landlord may raise the affirmative defense described
2-11 by Subsection (a) in a summary judgment proceeding. The court
2-12 shall determine as a matter of law whether the landlord's property
2-13 was in compliance with Subchapters B and D when the incident giving
2-14 rise to the civil action occurred and whether the required
2-15 disclosure was provided in a lease signed by the tenant. If the
2-16 court determines that the property was in compliance and the
2-17 disclosure was provided, the court shall dismiss a party's claim
2-18 arising from damages proximately caused by the criminal act of a
2-19 third party.
2-20 (c) The affirmative defense provided by Subsection (a) does
2-21 not apply if the criminal conduct giving rise to damages was:
2-22 (1) the conduct of the landlord or the landlord's
2-23 agent; or
2-24 (2) the result of an intentional or grossly negligent
2-25 act of the landlord or the landlord's agent.
2-26 Sec. 92.0062. LANDLORD'S LIABILITY REGARDING SMOKE DETECTOR.
2-27 (a) A landlord or the landlord's agent may assert an affirmative
3-1 defense to a civil action for damages for property damage, personal
3-2 injury, or death proximately caused by a smoke detector's failure
3-3 to operate if the landlord or the landlord's agent performed all
3-4 duties required by Subchapter F and complied with any applicable
3-5 ordinance authorized by Subchapter F as of the date of the incident
3-6 giving rise to the civil action.
3-7 (b) A landlord may raise the affirmative defense described
3-8 by Subsection (a) in a summary judgment proceeding. The court
3-9 shall determine as a matter of law whether the landlord or the
3-10 landlord's agent performed the duties required by Subchapter F and
3-11 complied with the ordinances authorized by Subchapter F as of the
3-12 date of the incident giving rise to the civil action. If the
3-13 court determines that the landlord or the landlord's agent
3-14 performed the duties and complied with the ordinances, the court
3-15 shall dismiss a party's claim arising from damages proximately
3-16 caused by the smoke detector's failure to operate.
3-17 SECTION 2. The affirmative defenses created by this Act
3-18 apply only to causes of action that arise on or after the effective
3-19 date of this Act.
3-20 SECTION 3. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended,
3-25 and that this Act take effect and be in force from and after its
3-26 passage, and it is so enacted.