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.