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.