By Alonzo H.B. No. 2834 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to retaliatory action by landlords against tenants. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 91, Texas Property Code, is amended by 1-5 adding Section 91.006 as follows: 1-6 Sec. 91.006. RETALIATION BY LANDLORD. (a) A landlord may 1-7 not retaliate against a tenant after: 1-8 (1) the tenant has exercised any right granted to the 1-9 tenant under the lease or the Texas Property Code; 1-10 (2) the tenant has complained to a governmental agency 1-11 charged with responsibility for enforcement of a building or 1-12 housing code of a violation applicable to the premises materially 1-13 affecting health and safety; 1-14 (3) the tenant has attempted in good faith to exercise 1-15 rights secured by federal, state or local law; 1-16 (4) the tenant has organized or become a member of a 1-17 tenant's union or similar organization. 1-18 (b) The following actions by a landlord will create a 1-19 presumption of retaliation if they occur within one year after 1-20 action by a tenant under Subsection (a): 1-21 (1) filing an eviction proceeding except for the 1-22 grounds stated in Subsection (e); 1-23 (2) depriving the tenant of the use of the premises 2-1 except for reasons authorized by law; 2-2 (3) decreasing services to the tenant; 2-3 (4) increasing the tenant's rent or terminating the 2-4 tenant's lease; or 2-5 (5) engaging in a pattern of harassment which 2-6 interferes with the tenant's peaceful enjoyment of the premises. 2-7 (c) "Presumption" means that the trier of fact must find the 2-8 existence of the fact presumed unless and until evidence is 2-9 introduced which would support a finding of its nonexistence. 2-10 (d) A landlord can overcome the presumption of retaliatory 2-11 action under Subsection (b) if the landlord proves that the action 2-12 was not made for purposes of retaliation. 2-13 (e) An eviction based on the following circumstances does 2-14 not constitute retaliation: 2-15 (1) the tenant is delinquent in rent when the landlord 2-16 gives notice to vacate or files an eviction notice; or 2-17 (2) the tenant has materially breached the lease other 2-18 than by holding over. 2-19 (f) If a landlord retaliates against a tenant under this 2-20 section, the tenant may obtain declaratory and injunctive relief 2-21 and recover: 2-22 (1) three times one month's market rent; 2-23 (2) actual damages, including reasonable moving costs; 2-24 and 2-25 (3) court costs and attorney's fees. 3-1 These remedies are in addition to any other remedies the tenant may 3-2 have under the common law or any statute. 3-3 (g) Retaliation by the landlord is a defense in an eviction 3-4 action. 3-5 SECTION 2. This Act takes effect September 1, 1995. 3-6 SECTION 3. The importance of this legislation and the 3-7 crowded condition of the calendars in both houses create an 3-8 emergency and an imperative public necessity that the 3-9 constitutional rule requiring bills to be read on three several 3-10 days in each house be suspended, and this rule is hereby suspended.