By Naishtat, Ehrhardt H.B. No. 2803
Substitute the following for H.B. No. 2803:
By Janek C.S.H.B. No. 2803
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to prohibiting improper utility disconnections in
1-3 residential tenancies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 92.008, Property Code, is amended to read
1-6 as follows:
1-7 Sec. 92.008. INTERRUPTION OF UTILITIES<, REMOVAL OF
1-8 PROPERTY, AND EXCLUSION OF RESIDENTIAL TENANT>. (a) A landlord or
1-9 a landlord's agent may not interrupt or cause the interruption of
1-10 utility service paid for directly to the utility company by a
1-11 tenant unless the interruption results from bona fide repairs,
1-12 construction, or an emergency.
1-13 (b) Except as provided by Subsections (c) and (d), a
1-14 landlord may not interrupt or cause the interruption of water,
1-15 wastewater, gas, or electric service furnished to a tenant by the
1-16 landlord as an incident of the tenancy or by other agreement unless
1-17 the interruption results from bona fide repairs, construction, or
1-18 an emergency.
1-19 (c) A landlord may interrupt or cause the interruption of
1-20 electrical service furnished to a tenant by the landlord as an
1-21 incident of the tenancy or by other agreement if:
1-22 (1) the electrical service furnished to the tenant is
1-23 individually metered or submetered for the dwelling unit;
1-24 (2) the electrical service connection with the utility
2-1 company is in the name of the landlord or the landlord's agent; and
2-2 (3) the landlord complies with the rules adopted by
2-3 the Public Utility Commission of Texas for discontinuance of
2-4 submetered electrical service.
2-5 (d) A landlord may interrupt or cause the interruption of
2-6 electrical service furnished to a tenant by the landlord as an
2-7 incident of the tenancy or by other agreement if:
2-8 (1) the electrical service furnished to the tenant is
2-9 not individually metered or submetered for the dwelling unit;
2-10 (2) the electrical service connection with the utility
2-11 company is in the name of the landlord or the landlord's agent;
2-12 (3) the tenant is at least seven days late in paying
2-13 the rent;
2-14 (4) the landlord has mailed or hand-delivered to the
2-15 tenant at least five days before the date the electrical service is
2-16 interrupted a written notice that states:
2-17 (A) the earliest date of the proposed
2-18 interruption of electrical service;
2-19 (B) the amount of rent the tenant must pay to
2-20 avert the interruption; and
2-21 (C) the name and location of the individual to
2-22 whom or the location of the on-site management office where the
2-23 delinquent rent may be paid during the landlord's normal business
2-24 hours;
2-25 (5) the interruption does not begin before or after
2-26 the landlord's normal business hours; and
2-27 (6) the interruption does not begin on a day, or on a
3-1 day immediately preceding a day when the landlord or other
3-2 designated individual is not available or the on-site management
3-3 office is not open to accept rent and restore electrical service.
3-4 (e) A landlord who interrupts electrical service under
3-5 Subsection (c) or (d) shall restore the service not later than two
3-6 hours after the time the tenant tenders, during the landlord's
3-7 normal business hours, the delinquent electric bill or rent owed to
3-8 the landlord.
3-9 (f) If a landlord or a landlord's agent violates this
3-10 section, the tenant may:
3-11 (1) either recover possession of the premises or
3-12 terminate the lease; and
3-13 (2) recover from the landlord an amount equal to the
3-14 sum of the tenant's actual damages, one month's rent or $500,
3-15 whichever is greater, reasonable attorney's fees, and court costs,
3-16 less any delinquent rents or other sums for which the tenant is
3-17 liable to the landlord.
3-18 (g) A provision of a lease that purports to waive a right or
3-19 to exempt a party from a liability or duty under this section is
3-20 void.
3-21 Sec. 92.0081. REMOVAL OF PROPERTY AND EXCLUSION OF
3-22 RESIDENTIAL TENANT. (a) <(b)> A landlord may not remove a door,
3-23 window, or attic hatchway cover or a lock, latch, hinge, hinge pin,
3-24 doorknob, or other mechanism connected to a door, window, or attic
3-25 hatchway cover from premises leased to a tenant or remove
3-26 furniture, fixtures, or appliances furnished by the landlord from
3-27 premises leased to a tenant unless the landlord removes the item
4-1 for a bona fide repair or replacement. If a landlord removes any
4-2 of the items listed in this subsection for a bona fide repair or
4-3 replacement, the repair or replacement must be promptly performed.
4-4 (b) <(c)> A landlord may not intentionally prevent a tenant
4-5 from entering the leased premises except by judicial process unless
4-6 the exclusion results from:
4-7 (1) bona fide repairs, construction, or an emergency;
4-8 (2) removing the contents of premises abandoned by a
4-9 tenant; or
4-10 (3) changing the door locks of a tenant who is
4-11 delinquent in paying at least part of the rent.
4-12 (c) <(d)> If a landlord or a landlord's agent changes the
4-13 door lock of a tenant who is delinquent in paying rent, the
4-14 landlord or the landlord's agent must:
4-15 (1) place a written notice on the tenant's front door
4-16 stating the name and location of the individual from whom the new
4-17 key may be obtained at any hour; and
4-18 (2) provide the new key to the tenant at any hour,
4-19 regardless of whether or not the tenant pays any of the delinquent
4-20 rent.
4-21 (d) <(e)> If a landlord or a landlord's agent violates this
4-22 section, the tenant may:
4-23 (1) either recover possession of the premises or
4-24 terminate the lease; and
4-25 (2) recover from the landlord an amount equal to the
4-26 sum of the tenant's actual damages, one month's rent or $500,
4-27 whichever is greater, reasonable attorney's fees, and court costs,
5-1 less any delinquent rents or other sums for which the tenant is
5-2 liable to the landlord.
5-3 (e) <(f)> A provision of a lease that purports to waive a
5-4 right or to exempt a party from a liability or duty under this
5-5 section is void.
5-6 SECTION 2. This Act takes effect September 1, 1995.
5-7 SECTION 3. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended.