By:  Barrientos                                       S.B. No. 1334
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the relationship between landlords and tenants and to
    1-2  the regulation of residential rental locators; providing penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter A, Chapter 92, Property Code, is
    1-5  amended by amending Section 92.008 and by adding Section 92.0081 to
    1-6  read as follows:
    1-7        Sec. 92.008.  INTERRUPTION OF UTILITIES<, REMOVAL OF
    1-8  PROPERTY, AND EXCLUSION OF RESIDENTIAL TENANT>.  (a)  A landlord or
    1-9  a landlord's agent may not interrupt or cause the interruption of
   1-10  utility service paid for directly to the utility company by a
   1-11  tenant unless the interruption results from bona fide repairs,
   1-12  construction, or an emergency.
   1-13        (b)  Except as provided by Subsections (c) and (d), a
   1-14  landlord may not interrupt or cause the interruption of water,
   1-15  wastewater, gas, or electric service furnished to a tenant by the
   1-16  landlord as an incident of the tenancy or by other agreement unless
   1-17  the interruption results from bona fide repairs, construction, or
   1-18  an emergency.
   1-19        (c)  A landlord may interrupt or cause the interruption of
   1-20  electrical service furnished to a tenant by the landlord as an
   1-21  incident of the tenancy or by other agreement if:
   1-22              (1)  the electrical service furnished to the tenant is
   1-23  individually metered or submetered for the dwelling unit;
   1-24              (2)  the electrical service connection with the utility
    2-1  company is in the name of the landlord or the landlord's agent; and
    2-2              (3)  the landlord complies with the rules adopted by
    2-3  the Public Utility Commission of Texas for discontinuance of
    2-4  submetered electrical service.
    2-5        (d)  A landlord may interrupt or cause the interruption of
    2-6  electrical service furnished to a tenant by the landlord as an
    2-7  incident of the tenancy or by other agreement if:
    2-8              (1)  the electrical service furnished to the tenant is
    2-9  not individually metered or submetered for the dwelling unit;
   2-10              (2)  the electrical service connection with the utility
   2-11  company is in the name of the landlord or the landlord's agent;
   2-12              (3)  the tenant is at least seven days late in paying
   2-13  the rent;
   2-14              (4)  the landlord has mailed or hand-delivered to the
   2-15  tenant at least five days before the date the electrical service is
   2-16  interrupted a written notice that states:
   2-17                    (A)  the earliest date of the proposed
   2-18  interruption of electrical service;
   2-19                    (B)  the amount of rent the tenant must pay to
   2-20  avert the interruption; and
   2-21                    (C)  the name and location of the individual to
   2-22  whom or the location of the on-site management office where the
   2-23  delinquent rent may be paid during the landlord's normal business
   2-24  hours;
   2-25              (5)  the interruption does not begin before or after
   2-26  the landlord's normal business hours; and
   2-27              (6)  the interruption does not begin on a day, or on a
    3-1  day immediately preceding a day, when the landlord or other
    3-2  designated individual is not available or the on-site management
    3-3  office is not open to accept rent and restore electrical service.
    3-4        (e)  A landlord who interrupts electrical service under
    3-5  Subsection (c) or (d) shall restore the service not later than two
    3-6  hours after the time the tenant tenders, during the landlord's
    3-7  normal business hours, payment of the delinquent electric bill or
    3-8  rent owed to the landlord.
    3-9        (f)  If a landlord or a landlord's agent violates this
   3-10  section, the tenant may:
   3-11              (1)  either recover possession of the premises or
   3-12  terminate the lease; and
   3-13              (2)  recover from the landlord an amount equal to the
   3-14  sum of the tenant's actual damages, one month's rent or $500,
   3-15  whichever is greater, reasonable attorney's fees, and court costs,
   3-16  less any delinquent rents or other sums for which the tenant is
   3-17  liable to the landlord.
   3-18        (g)  A provision of a lease that purports to waive a right or
   3-19  to exempt a party from a liability or duty under this section is
   3-20  void.
   3-21        Sec. 92.0081.  REMOVAL OF PROPERTY AND EXCLUSION OF
   3-22  RESIDENTIAL TENANT.  (a) <(b)>  A landlord may not remove a door,
   3-23  window, or attic hatchway cover or a lock, latch, hinge, hinge pin,
   3-24  doorknob, or other mechanism connected to a door, window, or attic
   3-25  hatchway cover from premises leased to a tenant or remove
   3-26  furniture, fixtures, or appliances furnished by the landlord from
   3-27  premises leased to a tenant unless the landlord removes the item
    4-1  for a bona fide repair or replacement.  If a landlord removes any
    4-2  of the items listed in this subsection for a bona fide repair or
    4-3  replacement, the repair or replacement must be promptly performed.
    4-4        (b) <(c)>  A landlord may not intentionally prevent a tenant
    4-5  from entering the leased premises except by judicial process unless
    4-6  the exclusion results from:
    4-7              (1)  bona fide repairs, construction, or an emergency;
    4-8              (2)  removing the contents of premises abandoned by a
    4-9  tenant; or
   4-10              (3)  changing the door locks of a tenant who is
   4-11  delinquent in paying at least part of the rent.
   4-12        (c) <(d)>  If a landlord or a landlord's agent changes the
   4-13  door lock of a tenant who is delinquent in paying rent, the
   4-14  landlord or the landlord's agent must<:>
   4-15              <(1)>  place a written notice on the tenant's front
   4-16  door stating:
   4-17              (1)  an on-site location where the tenant may go 24
   4-18  hours a day to obtain the new key or a telephone number that is
   4-19  answered 24 hours a day that the tenant may call to have a key
   4-20  delivered within two hours after calling the number; <the name and
   4-21  location of the individual from whom the new key may be obtained at
   4-22  any hour; and>
   4-23              (2)  the fact that the landlord must provide the new
   4-24  key to the tenant at any hour, regardless of whether or not the
   4-25  tenant pays any of the delinquent rent; and
   4-26              (3)  the amount of rent and other charges for which the
   4-27  tenant is delinquent.
    5-1        (d)  A landlord may not intentionally prevent a tenant from
    5-2  entering the leased premises under Subsection (b)(3) unless:
    5-3              (1)  the tenant is delinquent in paying all or part of
    5-4  the rent; and
    5-5              (2)  the landlord has locally mailed not later than the
    5-6  fifth calendar day before the date on which the door locks are
    5-7  changed or hand-delivered to the tenant or posted on the inside of
    5-8  the main entry door of the tenant's dwelling not later than the
    5-9  third calendar day before the date on which the door locks are
   5-10  changed a written notice stating:
   5-11                    (A)  the earliest date that the landlord proposes
   5-12  to change the door locks;
   5-13                    (B)  the amount of rent the tenant must pay to
   5-14  prevent changing of the door locks; and
   5-15                    (C)  the name and street address of the
   5-16  individual to whom, or the location of the on-site management
   5-17  office at which, the delinquent rent may be paid during the
   5-18  landlord's normal business hours.
   5-19        (e)  A landlord may not change the locks on the door of a
   5-20  tenant's dwelling under Subsection (b)(3) on a day, or on a day
   5-21  immediately before a day, on which the landlord or other designated
   5-22  individual is not available, or on which any on-site management
   5-23  office is not open, for the tenant to tender the delinquent rent.
   5-24        (f)  A landlord who intentionally prevents a tenant from
   5-25  entering the tenant's dwelling under Subsection (b)(3) must provide
   5-26  the tenant with a key to the changed lock on the dwelling without
   5-27  regard to whether the tenant pays the delinquent rent.
    6-1        (g)  If a landlord arrives at the dwelling in a timely manner
    6-2  in response to a tenant's telephone call to the number contained in
    6-3  the notice as described by Subsection (c)(1) and the tenant is not
    6-4  present to receive the key to the changed lock, the landlord shall
    6-5  leave a notice on the front door of the dwelling stating the time
    6-6  the landlord arrived with the key and the street address to which
    6-7  the tenant may go to obtain the key during the landlord's normal
    6-8  office hours.
    6-9        (h) <(e)>  If a landlord <or a landlord's agent> violates
   6-10  this section, the tenant may:
   6-11              (1)  either recover possession of the premises or
   6-12  terminate the lease; and
   6-13              (2)  recover from the landlord a civil penalty of one
   6-14  month's rent plus $500, actual damages, court costs, and reasonable
   6-15  attorney's fees in an action to recover property damages, actual
   6-16  expenses, or civil penalties <an amount equal to the sum of the
   6-17  tenant's actual damages, one month's rent or $500, whichever is
   6-18  greater, reasonable attorney's fees, and court costs>, less any
   6-19  delinquent rent <rents> or other sums for which the tenant is
   6-20  liable to the landlord.
   6-21        (i)  If a landlord violates Subsection (f), the tenant may
   6-22  recover, in addition to the remedies provided by Subsection (h), an
   6-23  additional civil penalty of one month's rent.
   6-24        (j) <(f)>  A provision of a lease that purports to waive a
   6-25  right or to exempt a party from a liability or duty under this
   6-26  section is void.
   6-27        SECTION 2.  Sections 92.201, 92.202, 92.203, 92.204, 92.205,
    7-1  and 92.207, Property Code, are amended to read as follows:
    7-2        Sec. 92.201.  Disclosure of Ownership and Management.  (a)  A
    7-3  landlord shall disclose to a tenant, or to any government official
    7-4  or employee acting in an official capacity, according to this
    7-5  subchapter:
    7-6              (1)  the name and either a street or post office box
    7-7  address of the holder of record title, according to the deed
    7-8  records in the county clerk's office, of the dwelling rented by the
    7-9  tenant or inquired about by the government official or employee
   7-10  acting in an official capacity; and
   7-11              (2)  if an entity located off-site from the <tenant's>
   7-12  dwelling is primarily responsible for managing the dwelling, the
   7-13  name and street address of the management company.
   7-14        (b)  Disclosure to a tenant under Subsection (a) must be made
   7-15  by:
   7-16              (1)  giving the information in writing to the tenant on
   7-17  or before the seventh day after the day the landlord receives the
   7-18  tenant's request for the information;
   7-19              (2)  continuously posting the information in a
   7-20  conspicuous place in the dwelling or the office of the on-site
   7-21  manager or on the outside of the entry door to the office of the
   7-22  on-site manager on or before the seventh day after the date the
   7-23  landlord receives the tenant's request for the information; or
   7-24              (3)  including the information in a copy of the
   7-25  tenant's lease or in written rules given to the tenant before the
   7-26  tenant requests the information.
   7-27        (c)  Disclosure of information to a tenant may be made under
    8-1  Subdivision (1) or (2) of Subsection (b) before the tenant requests
    8-2  the information.
    8-3        (d)  Disclosure of information to a government official or
    8-4  employee must be made by giving the information in writing to the
    8-5  official or employee on or before the seventh day after the date
    8-6  the landlord receives the request from the official or employee for
    8-7  the information.
    8-8        (e)  A correction to the information may be made by any of
    8-9  the methods authorized for providing the information.
   8-10        (f) <(e)>  For the purposes of this section, an owner or
   8-11  property manager may disclose either an actual name or names or an
   8-12  assumed name if an assumed name certificate has been recorded with
   8-13  the county clerk.
   8-14        Sec. 92.202.  Landlord's Failure to Disclose Information.
   8-15  (a)  A landlord is liable to a tenant or a governmental body
   8-16  according to this subchapter if:
   8-17              (1)  after the tenant or government official or
   8-18  employee makes a request for information under Section 92.201, the
   8-19  landlord does not provide the information; and
   8-20              (2)  the landlord does not give the information to the
   8-21  tenant or government official or employee before the eighth day
   8-22  after the date the tenant, official, or employee gives the landlord
   8-23  written notice that the tenant, official, or employee may exercise
   8-24  <his> remedies under this subchapter if the landlord does not
   8-25  comply with the <tenant's> request by the tenant, official, or
   8-26  employee for the information within seven days.
   8-27        (b)  If the tenant's lease is in writing, the lease may
    9-1  require the tenant's initial request for information to be written.
    9-2  A request by a government official or employee for information must
    9-3  be in writing.
    9-4        Sec. 92.203.  Landlord's Failure to Correct Information.  A
    9-5  landlord who has provided information under Subdivision (2) or (3)
    9-6  of Subsection (b) of Section 92.201 is liable to a tenant according
    9-7  to this subchapter if:
    9-8              (1)  the information becomes incorrect because a name
    9-9  or address changes; and
   9-10              (2)  the landlord fails to correct the information on
   9-11  or before the seventh day after the date the tenant gives the
   9-12  landlord written notice that the tenant may exercise the <his>
   9-13  remedies under this subchapter if the corrected information is not
   9-14  provided within seven days.
   9-15        Sec. 92.204.  Bad Faith Violation.  A landlord acts in bad
   9-16  faith and is liable according to this subchapter if the landlord
   9-17  gives an incorrect name or address under Subsection (a) of Section
   9-18  92.201 by wilfully:
   9-19              (1)  disclosing incorrect information under
   9-20  <Subdivision (1) or (2) of Subsection (b) of> Section 92.201(b)(1)
   9-21  or (2) or Section 92.201(d); or
   9-22              (2)  failing to correct information given under
   9-23  <Subdivision (1) or (2) of Subsection (b) of> Section 92.201(b)(1)
   9-24  or (2) or Section 92.201(d) that the landlord knows is incorrect.
   9-25        Sec. 92.205.  <Tenant> Remedies.  (a)  A tenant of a landlord
   9-26  who is liable under Section 92.202, 92.203, or 92.204 may obtain or
   9-27  exercise one or more of the following remedies:
   10-1              (1)  a court order directing the landlord to make a
   10-2  disclosure required by this subchapter;
   10-3              (2)  a judgment against the landlord for an amount
   10-4  equal to the tenant's actual costs in discovering the information
   10-5  required to be disclosed by this subchapter;
   10-6              (3)  a judgment against the landlord for one month's
   10-7  rent plus $100;
   10-8              (4)  a judgment against the landlord for court costs
   10-9  and attorney's fees; and
  10-10              (5)  unilateral termination of the lease without a
  10-11  court proceeding.
  10-12        (b)  A governmental body whose official or employee has
  10-13  requested information from a landlord who is liable under Section
  10-14  92.202 or 92.204 may obtain or exercise one or more of the
  10-15  following remedies:
  10-16              (1)  a court order directing the landlord to make a
  10-17  disclosure required by this subchapter;
  10-18              (2)  a judgment against the landlord for an amount
  10-19  equal to the governmental body's actual costs in discovering the
  10-20  information required to be disclosed by this subchapter;
  10-21              (3)  a judgment against the landlord for $500; and
  10-22              (4)  a judgment against the landlord for court costs
  10-23  and attorney's fees.
  10-24        Sec. 92.207.  Agents for Delivery of Notice.  (a)  A managing
  10-25  or leasing agent, whether residing or maintaining an office on-site
  10-26  or off-site, is the agent of the landlord for purposes of:
  10-27              (1)  notice and other communications required or
   11-1  permitted by this subchapter;
   11-2              (2)  notice and other communications from a
   11-3  governmental body relating to a violation of health, sanitation,
   11-4  safety, or nuisance laws on the landlord's property where the
   11-5  dwelling is located, including notices of:
   11-6                    (A)  demands for abatement of nuisances;
   11-7                    (B)  repair of a substandard dwelling;
   11-8                    (C)  remedy of dangerous conditions;
   11-9                    (D)  reimbursement of costs incurred by the
  11-10  governmental body in curing the violation;
  11-11                    (E)  fines; and
  11-12                    (F)  service of process.
  11-13        (b)  If the landlord's name and business street address in
  11-14  this state have not been furnished in writing to the tenant or
  11-15  government official or employee, the person who collects the rent
  11-16  from a tenant is the landlord's authorized agent for purposes of
  11-17  Subsection (a).
  11-18        SECTION 3.  Chapter 92, Property Code, is amended by adding
  11-19  Subchapter H, transferring Sections 92.057 and 92.059 to new
  11-20  Subchapter H, redesignating Section 92.057 as Sections 92.331
  11-21  through 92.334 and redesignating Section 92.059 as Section 92.335,
  11-22  and amending Sections 92.057 and 92.059, as transferred and
  11-23  redesignated, to read as follows:
  11-24                      SUBCHAPTER H.  RETALIATION
  11-25        Sec. 92.331 <92.057>.  RETALIATION BY LANDLORD.  (a)  A
  11-26  landlord may not retaliate against a tenant by taking an action
  11-27  described by Subsection (b) because the tenant:
   12-1              (1)  in good faith exercises or attempts to exercise
   12-2  against a landlord a right or remedy granted to the tenant by
   12-3  lease, municipal ordinance, or federal or state statute;
   12-4              (2)  gives a landlord a notice to repair or exercise a
   12-5  remedy under this chapter; or
   12-6              (3)  complains to a governmental entity responsible for
   12-7  enforcing building or housing codes, a public utility, or a civic
   12-8  or nonprofit agency, and the tenant:
   12-9                    (A)  claims a building or housing code violation
  12-10  or utility problem; and
  12-11                    (B)  believes in good faith that the complaint is
  12-12  valid and that the violation or problem occurred.
  12-13        (b)  A landlord may not, within six months after the date of
  12-14  the tenant's action under Subsection (a), retaliate against the
  12-15  tenant by:
  12-16              (1)  filing an eviction proceeding, except for the
  12-17  grounds stated by Section 92.332;
  12-18              (2)  depriving the tenant of the use of the premises,
  12-19  except for reasons authorized by law;
  12-20              (3)  decreasing services to the tenant;
  12-21              (4)  increasing the tenant's rent or terminating the
  12-22  tenant's lease; or
  12-23              (5)  engaging, in bad faith, in a course of conduct
  12-24  that materially interferes with the tenant's rights under the
  12-25  tenant's lease <If a tenant gives a landlord a notice to repair or
  12-26  exercises a remedy under this subchapter for the landlord's failure
  12-27  to repair, the landlord may not, within six months from the date
   13-1  the notice to repair was given, retaliate against the tenant by:>
   13-2              <(1)  filing an eviction proceeding except for the
   13-3  grounds stated in Subsection (c);>
   13-4              <(2)  depriving the tenant of the use of the premises
   13-5  except for reasons authorized by law;>
   13-6              <(3)  decreasing services to the tenant; or>
   13-7              <(4)  increasing the tenant's rent or terminating the
   13-8  tenant's lease>.
   13-9        Sec. 92.332.  NONRETALIATION.  (a)  <(b)>  The landlord is
  13-10  not liable for retaliation under this subchapter <Subsection (a)>
  13-11  if the landlord proves that the action was not made for purposes of
  13-12  retaliation, nor is the landlord liable, unless the action violates
  13-13  a prior court order under Section 92.0563, for:
  13-14              (1)  increasing rent under an escalation clause in a
  13-15  written lease for utilities, taxes, or insurance; or
  13-16              (2)  increasing rent or reducing services as part of a
  13-17  pattern of rent increases or service reductions for an entire
  13-18  multidwelling project.
  13-19        (b) <(c)>  An eviction or lease termination based on the
  13-20  following circumstances, which are valid grounds for eviction or
  13-21  lease termination in any event, does not constitute retaliation:
  13-22              (1)  the tenant is delinquent in rent when the landlord
  13-23  gives notice to vacate or files an eviction action;
  13-24              (2)  the tenant, a member of the tenant's family, or a
  13-25  guest or invitee of the tenant intentionally damages property on
  13-26  the premises or by word or conduct threatens the personal safety of
  13-27  the landlord, the landlord's employees, or another tenant;
   14-1              (3)  the tenant has materially breached the lease,
   14-2  other than by holding over, by an action such as violating written
   14-3  lease provisions prohibiting serious misconduct or criminal acts,
   14-4  except as provided by this section <subsection>;
   14-5              (4)  the tenant holds over after giving notice of
   14-6  termination or intent to vacate;
   14-7              (5)  the tenant holds over after the landlord gives
   14-8  notice of termination at the end of the rental term and the tenant
   14-9  does not take action under Section 92.331 <landlord does not
  14-10  receive actual notice from the tenant to repair> until after the
  14-11  landlord gives notice of termination; or
  14-12              (6)  the tenant holds over and the landlord's notice of
  14-13  termination is motivated by a good faith belief that the tenant, a
  14-14  member of the tenant's family, or a guest or invitee of the tenant
  14-15  might:
  14-16                    (A)  adversely affect the quiet enjoyment by
  14-17  other tenants or neighbors;
  14-18                    (B)  materially affect the health or safety of
  14-19  the landlord, other tenants, or neighbors; or
  14-20                    (C)  damage the property of the landlord, other
  14-21  tenants, or neighbors.
  14-22        Sec. 92.333.  TENANT REMEDIES.  In addition to other remedies
  14-23  provided by law, if <(d)  If> a landlord retaliates against a
  14-24  tenant under this subchapter <section>, the tenant may recover from
  14-25  the landlord a civil penalty of one month's rent plus $500, actual
  14-26  damages, court costs, and reasonable attorney's fees in an action
  14-27  for recovery of property damages, moving costs, actual expenses,
   15-1  civil penalties, or declaratory or injunctive relief, less any
   15-2  delinquent rents or other sums for which the tenant is liable to
   15-3  the landlord.  If the tenant's rent payment to the landlord is
   15-4  subsidized in whole or in part by a governmental entity, the civil
   15-5  penalty granted under this section shall reflect the fair market
   15-6  rent of the dwelling plus $500.
   15-7        Sec. 92.334.  INVALID COMPLAINTS.  (a)  If a tenant files or
   15-8  prosecutes a suit for retaliatory action based on a complaint
   15-9  asserted under Section 92.331(a)(3), and the government building or
  15-10  housing inspector or utility company representative visits the
  15-11  premises and determines in writing that a violation of a building
  15-12  or housing code does not exist or that a utility problem does not
  15-13  exist, there is a rebuttable presumption that the tenant acted in
  15-14  bad faith.
  15-15        (b)  If a tenant files or prosecutes a suit under this
  15-16  subchapter in bad faith, the landlord may recover possession of the
  15-17  dwelling unit and may recover from the tenant a civil penalty of
  15-18  one month's rent plus $500, court costs, and reasonable attorney's
  15-19  fees.  If the tenant's rent payment to the landlord is subsidized
  15-20  in whole or in part by a governmental entity, the civil penalty
  15-21  granted under this section shall reflect the fair market rent of
  15-22  the dwelling plus $500<: (1) one month's rent plus $500; (2)
  15-23  reasonable moving costs; and (3)  court costs and attorney's fees>.
  15-24        Sec. 92.335 <92.059>.  Eviction <Forcible Entry and Detainer>
  15-25  Suits.  In an eviction suit, retaliation by the landlord under
  15-26  Section 92.331 is a defense and <92.057 or> a rent deduction
  15-27  lawfully made by the tenant under this chapter <Section 92.0561 or
   16-1  92.301> is a defense for nonpayment of the rent to the extent
   16-2  allowed by this chapter <those sections>.  Other judicial actions
   16-3  under this chapter <subchapter> may not be joined with an eviction
   16-4  suit or asserted as a defense or crossclaim in an eviction suit.
   16-5        SECTION 4.  The Real Estate License Act (Article 6573a,
   16-6  Vernon's Texas Civil Statutes) is amended by adding Section 24 to
   16-7  read as follows:
   16-8        Sec. 24.  RESIDENTIAL RENTAL LOCATORS.  (a)  In this section,
   16-9  "residential rental locator" means a person who offers, for
  16-10  compensation, to locate residential real property for lease to a
  16-11  prospective tenant.
  16-12        (b)  A person may not engage in business as a residential
  16-13  rental locator in this state unless the person holds a license
  16-14  issued under this Act to operate as a real estate broker or real
  16-15  estate salesman.
  16-16        (c)  The commission by rule shall adopt regulations and
  16-17  establish standards relating to permissible forms of advertising by
  16-18  a person licensed under this section.
  16-19        (d)  Each residential rental locator shall post in a
  16-20  conspicuous place accessible to clients and prospective clients the
  16-21  locator's license, a statement that the locator is licensed by the
  16-22  commission, and the name, mailing address, and telephone number of
  16-23  the commission as provided by Section 5(q) of this Act.
  16-24        (e)  A violation of this section by a residential rental
  16-25  locator constitutes grounds under this Act for the suspension or
  16-26  revocation of the person's license and for the assessment of an
  16-27  administrative penalty under Section 19A of this Act.
   17-1        (f)  A person commits an offense if the person engages in
   17-2  business as a residential rental locator in this state without a
   17-3  license issued under this Act.  An offense under this subsection is
   17-4  a Class B misdemeanor.
   17-5        SECTION 5.  (a)  The change in law made by Subsection (f),
   17-6  Section 24, The Real Estate License Act (Article 6573a, Vernon's
   17-7  Texas Civil Statutes), as added by Section 4 of this Act, applies
   17-8  only to an offense committed on or after the effective date of this
   17-9  Act.  For purposes of this section, an offense is committed before
  17-10  the effective date of this Act if any element of the offense occurs
  17-11  before that date.
  17-12        (b)  An offense committed before the effective date of this
  17-13  Act is governed by the law in effect when the offense was
  17-14  committed, and the former law is continued in effect for that
  17-15  purpose.
  17-16        SECTION 6.  The Texas Real Estate Commission shall adopt
  17-17  rules as required by Subsection (c), Section 24, The Real Estate
  17-18  License Act (Article 6573a, Vernon's Texas Civil Statutes), as
  17-19  added by Section 4 of this Act, not later than December 1, 1995.
  17-20        SECTION 7.  This Act takes effect January 1, 1996.
  17-21        SECTION 8.  The importance of this legislation and the
  17-22  crowded condition of the calendars in both houses create an
  17-23  emergency and an imperative public necessity that the
  17-24  constitutional rule requiring bills to be read on three several
  17-25  days in each house be suspended, and this rule is hereby suspended.