By Ehrhardt, Coleman, Maxey, Naishtat, et al.         H.B. No. 3027
          Substitute the following for H.B. No. 3027:
          By Giddings                                       C.S.H.B. No. 3027
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prohibiting retaliation by landlords against tenants.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 92, Property Code, is amended by
    1-5  renumbering Section 92.057 as Section 92.280 and Section 92.059 as
    1-6  Section 92.284, placing them into a new Subchapter H to read as
    1-7  follows:
    1-8                      SUBCHAPTER H.  RETALIATION
    1-9        <Sec. 92.057> Sec. 92.280.  Retaliation by Landlord.
   1-10        <(a)  If a tenant gives a landlord a notice to repair or
   1-11  exercise a remedy under this subchapter for the landlord's failure
   1-12  to repair, the landlord may not, within six months from the date of
   1-13  the tenant's notice to repair was given, retaliate against the
   1-14  tenant by:>
   1-15              <(1)  filing an eviction proceeding except for the
   1-16  grounds stated in Subsection (c);>
   1-17              <(2)  depriving the tenant of the use of the premises
   1-18  except for reasons authorized by law;>
   1-19              <(3)  decreasing services to the tenant; or>
   1-20              <(4)  increasing the tenant's rent or terminating the
   1-21  tenant's lease;>
   1-22        (a)  A landlord may not retaliate against a tenant by taking
   1-23  an action described in Subsection (b) if the tenant:
   1-24              (1)  exercises or attempts to exercise in good faith a
    2-1  right or remedy against a landlord which is granted to the tenant
    2-2  by lease, municipal ordinance, or federal or state statute;
    2-3              (2)  gives a landlord a notice to repair or exercises a
    2-4  remedy under this chapter; or
    2-5              (3)  makes a complaint to a governmental body
    2-6  responsible for enforcing building or housing codes, a public
    2-7  utility, or civic or nonprofit agency, and
    2-8                    (A)  the tenant claims a building or housing code
    2-9  violation or utility problem, and
   2-10                    (B)  the tenant believes in good faith that the
   2-11  complaint is valid and that the violation or problem occurred.
   2-12        (b)  A landlord may not, within six months from the date of
   2-13  the tenant's action under Subsection (a), retaliate against the
   2-14  tenant by:
   2-15              (1)  filing an eviction proceeding except for the
   2-16  grounds stated in Section 92.281;
   2-17              (2)  depriving the tenant of the use of the premises
   2-18  except for reasons authorized by law;
   2-19              (3)  decreasing services to the tenant;
   2-20              (4)  increasing the tenant's rent or terminating the
   2-21  tenant's lease; or
   2-22              (5)  engaging, in bad faith, in a course of conduct
   2-23  which materially interferes with the tenant's rights under the
   2-24  tenant's lease.
   2-25        Sec. 92.281.  NONRETALIATION.
   2-26        <(b)> (a)  The landlord is not liable for retaliation under
   2-27  <Subsection (a)> this subchapter if the landlord proves that the
    3-1  action was not made for the purposes of retaliation, nor is the
    3-2  landlord liable, unless the action violates a prior court order
    3-3  under Section 92.0563, for:
    3-4              (1)  increasing rent under an escalation clause in a
    3-5  written lease for utilities, taxes, or insurance; or
    3-6              (2)  increasing rent or reducing services as part of a
    3-7  pattern of rent increases or service reductions for an entire
    3-8  multi-dwelling project.
    3-9        <(c)> (b)  An eviction or lease termination based on the
   3-10  following circumstances, which are valid grounds for eviction or
   3-11  lease termination in any event, does not constitute retaliation:
   3-12              (1)  the tenant is delinquent in paying rent when the
   3-13  landlord gives the tenant notice to vacate or files an eviction
   3-14  action;
   3-15              (2)  the tenant, a member of the tenant's family, or a
   3-16  guest or invitee of the tenant intentionally damages property on
   3-17  the premises or by word or conduct threatens the personal safety of
   3-18  the landlord, the landlord's employees, or another tenant;
   3-19              (3)  the tenant has materially breached the lease other
   3-20  than by holding over, such as violating written lease provisions
   3-21  prohibiting serious misconduct or criminal acts, except as provided
   3-22  by this <subsection> section;
   3-23              (4)  the tenant holds over after giving notice of
   3-24  termination or intent to vacate;
   3-25              (5)  the tenant holds over after the landlord gives
   3-26  notice of termination at the end of the rental term and the tenant
   3-27  does not take action under Section 92.280 <landlord does not
    4-1  receive actual notice from the tenant to repair> until after the
    4-2  landlord gives notice of termination; or
    4-3              (6)  the tenant holds over and the landlord's notice of
    4-4  termination is motivated by a good faith belief that the tenant, a
    4-5  member of the tenant's family, or a guest or invitee of the tenant
    4-6  might:
    4-7                    (A)  adversely affect the quiet enjoyment by
    4-8  other tenants or neighbors;
    4-9                    (B)  materially affect the health or safety of
   4-10  the landlord, other tenants, or neighbors; or
   4-11                    (C)  damage the property of the landlord, other
   4-12  tenants, or neighbors.
   4-13        Sec. 92.282.  TENANT REMEDIES.
   4-14        <(d)  If a landlord retaliates against a tenant under this
   4-15  section, the tenant may recover: (1) one month's rent plus $500;
   4-16  (2) reasonable moving costs; court costs; and (3) reasonable
   4-17  attorney's fees.>  In addition to other remedies provided by law,
   4-18  if a landlord retaliates against a tenant under this subchapter,
   4-19  the tenant may recover from the landlord a civil penalty of one
   4-20  month's rent plus $500; actual damages; court costs; less any
   4-21  delinquent rents or other sums for which the tenant is liable to
   4-22  the landlord; and reasonable attorney's fees in an action for
   4-23  recovery of property damages, moving costs, actual expenses, civil
   4-24  penalties, or declaratory or injunctive relief.  If the tenant's
   4-25  rent payment to the landlord is subsidized in whole or in part by a
   4-26  governmental agency, the civil penalty granted under this section
   4-27  shall reflect the fair market rent of the dwelling plus $500.
    5-1        Sec. 92.283.  SUITS ON INVALID COMPLAINTS.
    5-2        (a)  If a tenant files or prosecutes a suit for retaliatory
    5-3  action based upon a complaint asserted in Section 92.280(a)(3), and
    5-4  the government building or housing inspector or utility company
    5-5  representative visits the premises and determines in writing that a
    5-6  violation of a building or housing code does not exist or a utility
    5-7  problem does not exist, there shall be a rebuttable presumption
    5-8  that the tenant acted in bad faith.
    5-9        (b)  If a tenant files or prosecutes a suit under this
   5-10  subchapter in bad faith, the landlord shall have right to recover
   5-11  possession of the dwelling unit and the landlord may recover from
   5-12  the tenant a civil penalty of one month's rent plus $500; court
   5-13  costs; and reasonable attorney's fees.  If the tenant's rent
   5-14  payment to the landlord is subsidized in whole or in part by a
   5-15  governmental agency, the civil penalty granted under this section
   5-16  shall reflect the fair market rent of the dwelling plus $500.
   5-17        Sec. 92.284 <92.059>.  <FORCIBLE ENTRY AND DETAINER> EVICTION
   5-18  Suits.  In an eviction suit, retaliation by the landlord under
   5-19  Section 92.280 <92.057> is a defense and <or> a rent deduction
   5-20  lawfully made by the tenant under <Section 92.0561 or 92.031> this
   5-21  chapter is a defense for nonpayment of the rent to the extent
   5-22  allowed by those sections.  Other judicial actions under this
   5-23  subchapter may not be joined with an eviction suit or asserted as a
   5-24  defense or a crossclaim in an eviction suit.
   5-25        SECTION 2.  This bill takes effect September 1, 1995.
   5-26        SECTION 3.  The importance of this legislation and the
   5-27  crowded condition of the calendars in both houses create an
    6-1  emergency and an imperative public necessity that the
    6-2  constitutional rule requiring bills to be read on three several
    6-3  days in each house be suspended, and this rule is hereby suspended.