By Ehrhardt, Coleman, Maxey, Naishtat                 H.B. No. 3027
       74R6571 PAM-F
                                 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 91, Property Code, is amended by adding
    1-5  Section 91.006 to read as follows:
    1-6        Sec. 91.006.  RETALIATION BY LANDLORD PROHIBITED.  (a)  A
    1-7  landlord may not retaliate against a tenant after the tenant:
    1-8              (1)  exercises or attempts to exercise in good faith a
    1-9  right granted to the tenant by lease or by federal, state, or local
   1-10  law;
   1-11              (2)  complains about a building or housing code
   1-12  violation that materially affects health and safety to a
   1-13  governmental agency charged with the responsibility for enforcing
   1-14  building or housing codes; or
   1-15              (3)  organizes or becomes a member of a tenants union
   1-16  or similar organization.
   1-17        (b)  A rebuttable presumption of retaliation exists if the
   1-18  landlord, within one year after the date the tenant takes action
   1-19  described by Subsection (a):
   1-20              (1)  files an eviction action except for the grounds
   1-21  stated in Subsection (d);
   1-22              (2)  deprives the tenant of the use of the premises
   1-23  except for reasons authorized by law;
   1-24              (3)  decreases services to the tenant;
    2-1              (4)  increases the tenant's rent or terminates the
    2-2  tenant's lease; or
    2-3              (5)  engages in a pattern of harassment that interferes
    2-4  with the tenant's peaceful enjoyment of the premises.
    2-5        (c)  A landlord may rebut a presumption of retaliation if the
    2-6  landlord proves that the landlord did not take the action for the
    2-7  purpose of retaliation.
    2-8        (d)  The landlord may evict a tenant without violating this
    2-9  section if the tenant:
   2-10              (1)  is delinquent in paying rent when the landlord
   2-11  gives the tenant notice to vacate or files an eviction action; or
   2-12              (2)  has materially breached the lease other than by
   2-13  holding over.
   2-14        (e)  In addition to other remedies provided by law, a tenant
   2-15  who is subject to retaliation by a landlord:
   2-16              (1)  may file suit for declaratory or injunctive
   2-17  relief; and
   2-18              (2)  may file suit to recover from the landlord:
   2-19                    (A)  an amount equal to three times the average
   2-20  monthly rental payment in the area;
   2-21                    (B)  actual damages, including reasonable moving
   2-22  costs;
   2-23                    (C)  court costs; and
   2-24                    (D)  reasonable and necessary attorney's fees.
   2-25        (f)  The tenant may assert as an affirmative defense to an
   2-26  eviction action that the landlord engaged in retaliatory action.
   2-27        SECTION 2.  This Act takes effect September 1, 1995.
    3-1        SECTION 3.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.