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.