1-1  By:  Naishtat, Ehrhardt (Senate Sponsor - Barrientos) H.B. No. 2803
    1-2        (In the Senate - Received from the House May 10, 1995;
    1-3  May 11, 1995, read first time and referred to Committee on Economic
    1-4  Development; May 22, 1995, reported favorably by the following
    1-5  vote:  Yeas 9, Nays 0; May 22, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to prohibiting improper utility disconnections in
    1-9  residential tenancies.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 92.008, Property Code, is amended to read
   1-12  as follows:
   1-13        Sec. 92.008.  INTERRUPTION OF UTILITIES<, REMOVAL OF
   1-14  PROPERTY, AND EXCLUSION OF RESIDENTIAL TENANT>.  (a)  A landlord or
   1-15  a landlord's agent may not interrupt or cause the interruption of
   1-16  utility service paid for directly to the utility company by a
   1-17  tenant unless the interruption results from bona fide repairs,
   1-18  construction, or an emergency.
   1-19        (b)  Except as provided by Subsections (c) and (d), a
   1-20  landlord may not interrupt or cause the interruption of water,
   1-21  wastewater, gas, or electric service furnished to a tenant by the
   1-22  landlord as an incident of the tenancy or by other agreement unless
   1-23  the interruption results from bona fide repairs, construction, or
   1-24  an emergency.
   1-25        (c)  A landlord may interrupt or cause the interruption of
   1-26  electrical service furnished to a tenant by the landlord as an
   1-27  incident of the tenancy or by other agreement if:
   1-28              (1)  the electrical service furnished to the tenant is
   1-29  individually metered or submetered for the dwelling unit;
   1-30              (2)  the electrical service connection with the utility
   1-31  company is in the name of the landlord or the landlord's agent; and
   1-32              (3)  the landlord complies with the rules adopted by
   1-33  the Public Utility Commission of Texas for discontinuance of
   1-34  submetered electrical service.
   1-35        (d)  A landlord may interrupt or cause the interruption of
   1-36  electrical service furnished to a tenant by the landlord as an
   1-37  incident of the tenancy or by other agreement if:
   1-38              (1)  the electrical service furnished to the tenant is
   1-39  not individually metered or submetered for the dwelling unit;
   1-40              (2)  the electrical service connection with the utility
   1-41  company is in the name of the landlord or the landlord's agent;
   1-42              (3)  the tenant is at least seven days late in paying
   1-43  the rent;
   1-44              (4)  the landlord has mailed or hand-delivered to the
   1-45  tenant at least five days before the date the electrical service is
   1-46  interrupted a written notice that states:
   1-47                    (A)  the earliest date of the proposed
   1-48  interruption of electrical service;
   1-49                    (B)  the amount of rent the tenant must pay to
   1-50  avert the interruption; and
   1-51                    (C)  the name and location of the individual to
   1-52  whom or the location of the on-site management office where the
   1-53  delinquent rent may be paid during the landlord's normal business
   1-54  hours;
   1-55              (5)  the interruption does not begin before or after
   1-56  the landlord's normal business hours; and
   1-57              (6)  the interruption does not begin on a day or on a
   1-58  day immediately preceding a day when the landlord or other
   1-59  designated individual is not available or the on-site management
   1-60  office is not open to accept rent and restore electrical service.
   1-61        (e)  A landlord who interrupts electrical service under
   1-62  Subsection (c) or (d) shall restore the service not later than two
   1-63  hours after the time the tenant tenders, during the landlord's
   1-64  normal business hours, the delinquent electric bill or rent owed to
   1-65  the landlord.
   1-66        (f)  If a landlord or a landlord's agent violates this
   1-67  section, the tenant may:
   1-68              (1)  either recover possession of the premises or
    2-1  terminate the lease; and
    2-2              (2)  recover from the landlord an amount equal to the
    2-3  sum of the tenant's actual damages, one month's rent or $500,
    2-4  whichever is greater, reasonable attorney's fees, and court costs,
    2-5  less any delinquent rents or other sums for which the tenant is
    2-6  liable to the landlord.
    2-7        (g)  A provision of a lease that purports to waive a right or
    2-8  to exempt a party from a liability or duty under this section is
    2-9  void.
   2-10        Sec. 92.0081.  REMOVAL OF PROPERTY AND EXCLUSION OF
   2-11  RESIDENTIAL TENANT.  (a) <(b)>  A landlord may not remove a door,
   2-12  window, or attic hatchway cover or a lock, latch, hinge, hinge pin,
   2-13  doorknob, or other mechanism connected to a door, window, or attic
   2-14  hatchway cover from premises leased to a tenant or remove
   2-15  furniture, fixtures, or appliances furnished by the landlord from
   2-16  premises leased to a tenant unless the landlord removes the item
   2-17  for a bona fide repair or replacement.  If a landlord removes any
   2-18  of the items listed in this subsection for a bona fide repair or
   2-19  replacement, the repair or replacement must be promptly performed.
   2-20        (b) <(c)>  A landlord may not intentionally prevent a tenant
   2-21  from entering the leased premises except by judicial process unless
   2-22  the exclusion results from:
   2-23              (1)  bona fide repairs, construction, or an emergency;
   2-24              (2)  removing the contents of premises abandoned by a
   2-25  tenant; or
   2-26              (3)  changing the door locks of a tenant who is
   2-27  delinquent in paying at least part of the rent.
   2-28        (c) <(d)>  If a landlord or a landlord's agent changes the
   2-29  door lock of a tenant who is delinquent in paying rent, the
   2-30  landlord or the landlord's agent must:
   2-31              (1)  place a written notice on the tenant's front door
   2-32  stating the name and location of the individual from whom the new
   2-33  key may be obtained at any hour; and
   2-34              (2)  provide the new key to the tenant at any hour,
   2-35  regardless of whether or not the tenant pays any of the delinquent
   2-36  rent.
   2-37        (d) <(e)>  If a landlord or a landlord's agent violates this
   2-38  section, the tenant may:
   2-39              (1)  either recover possession of the premises or
   2-40  terminate the lease; and
   2-41              (2)  recover from the landlord an amount equal to the
   2-42  sum of the tenant's actual damages, one month's rent or $500,
   2-43  whichever is greater, reasonable attorney's fees, and court costs,
   2-44  less any delinquent rents or other sums for which the tenant is
   2-45  liable to the landlord.
   2-46        (e) <(f)>  A provision of a lease that purports to waive a
   2-47  right or to exempt a party from a liability or duty under this
   2-48  section is void.
   2-49        SECTION 2.  This Act takes effect September 1, 1995.
   2-50        SECTION 3.  The importance of this legislation and the
   2-51  crowded condition of the calendars in both houses create an
   2-52  emergency and an imperative public necessity that the
   2-53  constitutional rule requiring bills to be read on three several
   2-54  days in each house be suspended, and this rule is hereby suspended.
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