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.