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.
2-55 * * * * *