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.