S.B. No. 1334
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. Section 92.152, Property Code, is amended to read
7-1 as follows:
7-2 Sec. 92.152. APPLICATION OF SUBCHAPTER. (a) This subchapter
7-3 does not apply to:
7-4 (1) a room in a hotel, motel, or inn or to similar
7-5 transient housing;
7-6 (2) <or to> residential housing owned or operated by a
7-7 public or private college or university accredited by a recognized
7-8 accrediting agency as defined under Section 61.003, Education Code;
7-9 (3) <, or to> residential housing operated by
7-10 preparatory schools accredited by the Texas Education Agency, a
7-11 regional accrediting agency, or any accrediting agency recognized
7-12 by the commissioner of education; or
7-13 (4) a temporary residential tenancy created by a
7-14 contract for sale in which the buyer occupies the property before
7-15 closing or the seller occupies the property after closing for a
7-16 specific term not to exceed 90 days.
7-17 (b) Except as provided by Subsection (a), a <A> dwelling to
7-18 which this subchapter applies includes:
7-19 (1) a room in a dormitory or rooming house <not
7-20 excluded by Subsection (a) of this section>;
7-21 (2) a mobile home;
7-22 (3) a single family house, duplex, or triplex; and
7-23 (4) a living unit in an apartment, condominium,
7-24 cooperative, or townhome project.
7-25 SECTION 3. Section 92.153, Property Code, is amended to read
7-26 as follows:
7-27 Sec. 92.153. SECURITY DEVICES REQUIRED WITHOUT NECESSITY OF
8-1 TENANT REQUEST. (a) Except as provided by Subsections (b), (e),
8-2 (f), <and> (g), and (h) and without necessity of request by the
8-3 tenant, a dwelling must be equipped with:
8-4 (1) a window latch on each exterior window of the
8-5 dwelling;
8-6 (2) a doorknob lock or keyed dead bolt on each
8-7 exterior door;
8-8 (3) a sliding door pin lock<, a sliding door handle
8-9 latch, or a sliding door security bar> on each exterior sliding
8-10 glass door of the dwelling<, if construction of the dwelling was
8-11 completed before September 1, 1993, and the calendar date is before
8-12 January 1, 1995>;
8-13 (4) <a sliding door pin lock and> a sliding door
8-14 handle latch or a sliding door security bar on each exterior
8-15 sliding glass door of the dwelling<, if construction of the
8-16 dwelling was completed on or after September 1, 1993, or the
8-17 calendar date is January 1, 1995, or later>; and
8-18 (5) a keyless bolting device and a door viewer on
8-19 each exterior door of the dwelling<, if initial construction of the
8-20 dwelling was completed on or after September 1, 1993; and>
8-21 <(6) a keyless bolting device and a door viewer on
8-22 each exterior door of the dwelling, if the calendar date is January
8-23 1, 1995, or later>.
8-24 (b) If the dwelling has French doors, one door of each pair
8-25 of French doors must meet the requirements of Subsection (a) and
8-26 the other door must have:
8-27 (1) a keyed dead bolt or keyless bolting device
9-1 capable of insertion into the doorjamb above the door and a keyless
9-2 bolting device capable of insertion into the floor or threshold,
9-3 each with a bolt having a throw of one inch or more; or
9-4 (2) a bolt installed inside the door and operated from
9-5 the edge of the door, capable of insertion into the doorjamb above
9-6 the door, and another bolt installed inside the door and operated
9-7 from the edge of the door capable of insertion into the floor or
9-8 threshold, each bolt having a throw of three-fourths inch or more.
9-9 (c) A security device required by Subsection (a) or (b) must
9-10 be installed at the landlord's expense.
9-11 (d) Subsections (a) and (b) apply only when a tenant is in
9-12 possession of a dwelling.
9-13 (e) A keyless bolting device is not required to be installed
9-14 at the landlord's expense on an exterior door if:
9-15 (1) the dwelling is part of a multiunit complex in
9-16 which the majority of dwelling units are leased to tenants who are
9-17 over 55 years of age or who have a physical or mental disability;
9-18 (2) a <the> tenant or occupant in the dwelling is over
9-19 55 years of age or has a physical or mental disability; and
9-20 (3) the landlord is expressly required or permitted to
9-21 periodically check on the well-being or health of the tenant as a
9-22 part of a written lease or other written agreement.
9-23 (f) A keyless bolting device is not required to be installed
9-24 at the landlord's expense if a tenant or occupant in the dwelling
9-25 is over 55 years of age or has a physical or mental disability, the
9-26 tenant requests, in writing, that the landlord deactivate or not
9-27 install the keyless bolting device, and the tenant certifies in the
10-1 request that the tenant or occupant is over 55 years of age or has
10-2 a physical or mental disability. The request must be a separate
10-3 document and may not be included as part of a lease agreement. A
10-4 landlord is not exempt as provided by this subsection if the
10-5 landlord knows or has reason to know that the requirements of this
10-6 subsection are not fulfilled.
10-7 (g) A keyed dead bolt or a doorknob lock is not required to
10-8 be installed at the landlord's expense on an exterior door if at
10-9 the time the tenant agrees to lease the dwelling:
10-10 (1) at least one exterior door usable for normal entry
10-11 into the dwelling has both a keyed dead bolt and a keyless bolting
10-12 device, installed in accordance with the height, strike plate, and
10-13 throw requirements of Section 92.154; and
10-14 (2) all other exterior doors have a keyless bolting
10-15 device installed in accordance with the height, strike plate, and
10-16 throw requirements of Section 92.154.
10-17 (h) <(g)> A security device required by this section must be
10-18 operable throughout the time a tenant is in possession of a
10-19 dwelling. However, a landlord may deactivate or remove the locking
10-20 mechanism of a doorknob lock or remove any device not qualifying as
10-21 a keyless bolting device if a keyed dead bolt has been installed on
10-22 the same door.
10-23 (i) A landlord is subject to the tenant remedies provided by
10-24 Section 92.164(a)(4) if the landlord:
10-25 (1) deactivates or does not install a keyless bolting
10-26 device, claiming an exemption under Subsection (e), (f), or (g);
10-27 and
11-1 (2) knows or has reason to know that the requirements
11-2 of the subsection granting the exemption are not fulfilled.
11-3 SECTION 4. Sections 92.201, 92.202, 92.203, 92.204, 92.205,
11-4 and 92.207, Property Code, are amended to read as follows:
11-5 Sec. 92.201. Disclosure of Ownership and Management. (a) A
11-6 landlord shall disclose to a tenant, or to any government official
11-7 or employee acting in an official capacity, according to this
11-8 subchapter:
11-9 (1) the name and either a street or post office box
11-10 address of the holder of record title, according to the deed
11-11 records in the county clerk's office, of the dwelling rented by the
11-12 tenant or inquired about by the government official or employee
11-13 acting in an official capacity; and
11-14 (2) if an entity located off-site from the <tenant's>
11-15 dwelling is primarily responsible for managing the dwelling, the
11-16 name and street address of the management company.
11-17 (b) Disclosure to a tenant under Subsection (a) must be made
11-18 by:
11-19 (1) giving the information in writing to the tenant on
11-20 or before the seventh day after the day the landlord receives the
11-21 tenant's request for the information;
11-22 (2) continuously posting the information in a
11-23 conspicuous place in the dwelling or the office of the on-site
11-24 manager or on the outside of the entry door to the office of the
11-25 on-site manager on or before the seventh day after the date the
11-26 landlord receives the tenant's request for the information; or
11-27 (3) including the information in a copy of the
12-1 tenant's lease or in written rules given to the tenant before the
12-2 tenant requests the information.
12-3 (c) Disclosure of information to a tenant may be made under
12-4 Subdivision (1) or (2) of Subsection (b) before the tenant requests
12-5 the information.
12-6 (d) Disclosure of information to a government official or
12-7 employee must be made by giving the information in writing to the
12-8 official or employee on or before the seventh day after the date
12-9 the landlord receives the request from the official or employee for
12-10 the information.
12-11 (e) A correction to the information may be made by any of
12-12 the methods authorized for providing the information.
12-13 (f) <(e)> For the purposes of this section, an owner or
12-14 property manager may disclose either an actual name or names or an
12-15 assumed name if an assumed name certificate has been recorded with
12-16 the county clerk.
12-17 Sec. 92.202. Landlord's Failure to Disclose Information.
12-18 (a) A landlord is liable to a tenant or a governmental body
12-19 according to this subchapter if:
12-20 (1) after the tenant or government official or
12-21 employee makes a request for information under Section 92.201, the
12-22 landlord does not provide the information; and
12-23 (2) the landlord does not give the information to the
12-24 tenant or government official or employee before the eighth day
12-25 after the date the tenant, official, or employee gives the landlord
12-26 written notice that the tenant, official, or employee may exercise
12-27 <his> remedies under this subchapter if the landlord does not
13-1 comply with the <tenant's> request by the tenant, official, or
13-2 employee for the information within seven days.
13-3 (b) If the tenant's lease is in writing, the lease may
13-4 require the tenant's initial request for information to be written.
13-5 A request by a government official or employee for information must
13-6 be in writing.
13-7 Sec. 92.203. Landlord's Failure to Correct Information. A
13-8 landlord who has provided information under Subdivision (2) or (3)
13-9 of Subsection (b) of Section 92.201 is liable to a tenant according
13-10 to this subchapter if:
13-11 (1) the information becomes incorrect because a name
13-12 or address changes; and
13-13 (2) the landlord fails to correct the information on
13-14 or before the seventh day after the date the tenant gives the
13-15 landlord written notice that the tenant may exercise the <his>
13-16 remedies under this subchapter if the corrected information is not
13-17 provided within seven days.
13-18 Sec. 92.204. Bad Faith Violation. A landlord acts in bad
13-19 faith and is liable according to this subchapter if the landlord
13-20 gives an incorrect name or address under Subsection (a) of Section
13-21 92.201 by wilfully:
13-22 (1) disclosing incorrect information under
13-23 <Subdivision (1) or (2) of Subsection (b) of> Section 92.201(b)(1)
13-24 or (2) or Section 92.201(d); or
13-25 (2) failing to correct information given under
13-26 <Subdivision (1) or (2) of Subsection (b) of> Section 92.201(b)(1)
13-27 or (2) or Section 92.201(d) that the landlord knows is incorrect.
14-1 Sec. 92.205. <Tenant> Remedies. (a) A tenant of a landlord
14-2 who is liable under Section 92.202, 92.203, or 92.204 may obtain or
14-3 exercise one or more of the following remedies:
14-4 (1) a court order directing the landlord to make a
14-5 disclosure required by this subchapter;
14-6 (2) a judgment against the landlord for an amount
14-7 equal to the tenant's actual costs in discovering the information
14-8 required to be disclosed by this subchapter;
14-9 (3) a judgment against the landlord for one month's
14-10 rent plus $100;
14-11 (4) a judgment against the landlord for court costs
14-12 and attorney's fees; and
14-13 (5) unilateral termination of the lease without a
14-14 court proceeding.
14-15 (b) A governmental body whose official or employee has
14-16 requested information from a landlord who is liable under Section
14-17 92.202 or 92.204 may obtain or exercise one or more of the
14-18 following remedies:
14-19 (1) a court order directing the landlord to make a
14-20 disclosure required by this subchapter;
14-21 (2) a judgment against the landlord for an amount
14-22 equal to the governmental body's actual costs in discovering the
14-23 information required to be disclosed by this subchapter;
14-24 (3) a judgment against the landlord for $500; and
14-25 (4) a judgment against the landlord for court costs
14-26 and attorney's fees.
14-27 Sec. 92.207. Agents for Delivery of Notice. (a) A managing
15-1 or leasing agent, whether residing or maintaining an office on-site
15-2 or off-site, is the agent of the landlord for purposes of:
15-3 (1) notice and other communications required or
15-4 permitted by this subchapter;
15-5 (2) notice and other communications from a
15-6 governmental body relating to a violation of health, sanitation,
15-7 safety, or nuisance laws on the landlord's property where the
15-8 dwelling is located, including notices of:
15-9 (A) demands for abatement of nuisances;
15-10 (B) repair of a substandard dwelling;
15-11 (C) remedy of dangerous conditions;
15-12 (D) reimbursement of costs incurred by the
15-13 governmental body in curing the violation;
15-14 (E) fines; and
15-15 (F) service of process.
15-16 (b) If the landlord's name and business street address in
15-17 this state have not been furnished in writing to the tenant or
15-18 government official or employee, the person who collects the rent
15-19 from a tenant is the landlord's authorized agent for purposes of
15-20 Subsection (a).
15-21 SECTION 5. Chapter 92, Property Code, is amended by adding
15-22 Subchapter H, transferring Sections 92.057 and 92.059 to new
15-23 Subchapter H, redesignating Section 92.057 as Sections 92.331
15-24 through 92.334 and redesignating Section 92.059 as Section 92.335,
15-25 and amending Sections 92.057 and 92.059, as transferred and
15-26 redesignated, to read as follows:
15-27 SUBCHAPTER H. RETALIATION
16-1 Sec. 92.331 <92.057>. RETALIATION BY LANDLORD. (a) A
16-2 landlord may not retaliate against a tenant by taking an action
16-3 described by Subsection (b) because the tenant:
16-4 (1) in good faith exercises or attempts to exercise
16-5 against a landlord a right or remedy granted to the tenant by
16-6 lease, municipal ordinance, or federal or state statute;
16-7 (2) gives a landlord a notice to repair or exercise a
16-8 remedy under this chapter; or
16-9 (3) complains to a governmental entity responsible for
16-10 enforcing building or housing codes, a public utility, or a civic
16-11 or nonprofit agency, and the tenant:
16-12 (A) claims a building or housing code violation
16-13 or utility problem; and
16-14 (B) believes in good faith that the complaint is
16-15 valid and that the violation or problem occurred.
16-16 (b) A landlord may not, within six months after the date of
16-17 the tenant's action under Subsection (a), retaliate against the
16-18 tenant by:
16-19 (1) filing an eviction proceeding, except for the
16-20 grounds stated by Section 92.332;
16-21 (2) depriving the tenant of the use of the premises,
16-22 except for reasons authorized by law;
16-23 (3) decreasing services to the tenant;
16-24 (4) increasing the tenant's rent or terminating the
16-25 tenant's lease; or
16-26 (5) engaging, in bad faith, in a course of conduct
16-27 that materially interferes with the tenant's rights under the
17-1 tenant's lease <If a tenant gives a landlord a notice to repair or
17-2 exercises a remedy under this subchapter for the landlord's failure
17-3 to repair, the landlord may not, within six months from the date
17-4 the notice to repair was given, retaliate against the tenant by:>
17-5 <(1) filing an eviction proceeding except for the
17-6 grounds stated in Subsection (c);>
17-7 <(2) depriving the tenant of the use of the premises
17-8 except for reasons authorized by law;>
17-9 <(3) decreasing services to the tenant; or>
17-10 <(4) increasing the tenant's rent or terminating the
17-11 tenant's lease>.
17-12 Sec. 92.332. NONRETALIATION. (a) <(b)> The landlord is
17-13 not liable for retaliation under this subchapter <Subsection (a)>
17-14 if the landlord proves that the action was not made for purposes of
17-15 retaliation, nor is the landlord liable, unless the action violates
17-16 a prior court order under Section 92.0563, for:
17-17 (1) increasing rent under an escalation clause in a
17-18 written lease for utilities, taxes, or insurance; or
17-19 (2) increasing rent or reducing services as part of a
17-20 pattern of rent increases or service reductions for an entire
17-21 multidwelling project.
17-22 (b) <(c)> An eviction or lease termination based on the
17-23 following circumstances, which are valid grounds for eviction or
17-24 lease termination in any event, does not constitute retaliation:
17-25 (1) the tenant is delinquent in rent when the landlord
17-26 gives notice to vacate or files an eviction action;
17-27 (2) the tenant, a member of the tenant's family, or a
18-1 guest or invitee of the tenant intentionally damages property on
18-2 the premises or by word or conduct threatens the personal safety of
18-3 the landlord, the landlord's employees, or another tenant;
18-4 (3) the tenant has materially breached the lease,
18-5 other than by holding over, by an action such as violating written
18-6 lease provisions prohibiting serious misconduct or criminal acts,
18-7 except as provided by this section <subsection>;
18-8 (4) the tenant holds over after giving notice of
18-9 termination or intent to vacate;
18-10 (5) the tenant holds over after the landlord gives
18-11 notice of termination at the end of the rental term and the tenant
18-12 does not take action under Section 92.331 <landlord does not
18-13 receive actual notice from the tenant to repair> until after the
18-14 landlord gives notice of termination; or
18-15 (6) the tenant holds over and the landlord's notice of
18-16 termination is motivated by a good faith belief that the tenant, a
18-17 member of the tenant's family, or a guest or invitee of the tenant
18-18 might:
18-19 (A) adversely affect the quiet enjoyment by
18-20 other tenants or neighbors;
18-21 (B) materially affect the health or safety of
18-22 the landlord, other tenants, or neighbors; or
18-23 (C) damage the property of the landlord, other
18-24 tenants, or neighbors.
18-25 Sec. 92.333. TENANT REMEDIES. In addition to other remedies
18-26 provided by law, if <(d) If> a landlord retaliates against a
18-27 tenant under this subchapter <section>, the tenant may recover from
19-1 the landlord a civil penalty of one month's rent plus $500, actual
19-2 damages, court costs, and reasonable attorney's fees in an action
19-3 for recovery of property damages, moving costs, actual expenses,
19-4 civil penalties, or declaratory or injunctive relief, less any
19-5 delinquent rents or other sums for which the tenant is liable to
19-6 the landlord. If the tenant's rent payment to the landlord is
19-7 subsidized in whole or in part by a governmental entity, the civil
19-8 penalty granted under this section shall reflect the fair market
19-9 rent of the dwelling plus $500.
19-10 Sec. 92.334. INVALID COMPLAINTS. (a) If a tenant files or
19-11 prosecutes a suit for retaliatory action based on a complaint
19-12 asserted under Section 92.331(a)(3), and the government building or
19-13 housing inspector or utility company representative visits the
19-14 premises and determines in writing that a violation of a building
19-15 or housing code does not exist or that a utility problem does not
19-16 exist, there is a rebuttable presumption that the tenant acted in
19-17 bad faith.
19-18 (b) If a tenant files or prosecutes a suit under this
19-19 subchapter in bad faith, the landlord may recover possession of the
19-20 dwelling unit and may recover from the tenant a civil penalty of
19-21 one month's rent plus $500, court costs, and reasonable attorney's
19-22 fees. If the tenant's rent payment to the landlord is subsidized
19-23 in whole or in part by a governmental entity, the civil penalty
19-24 granted under this section shall reflect the fair market rent of
19-25 the dwelling plus $500<: (1) one month's rent plus $500; (2)
19-26 reasonable moving costs; and (3) court costs and attorney's fees>.
19-27 Sec. 92.335 <92.059>. Eviction <Forcible Entry and Detainer>
20-1 Suits. In an eviction suit, retaliation by the landlord under
20-2 Section 92.331 is a defense and <92.057 or> a rent deduction
20-3 lawfully made by the tenant under this chapter <Section 92.0561 or
20-4 92.301> is a defense for nonpayment of the rent to the extent
20-5 allowed by this chapter <those sections>. Other judicial actions
20-6 under this chapter <subchapter> may not be joined with an eviction
20-7 suit or asserted as a defense or crossclaim in an eviction suit.
20-8 SECTION 6. The Real Estate License Act (Article 6573a,
20-9 Vernon's Texas Civil Statutes) is amended by adding Section 24 to
20-10 read as follows:
20-11 Sec. 24. RESIDENTIAL RENTAL LOCATORS. (a) In this section,
20-12 "residential rental locator" means a person, other than the owner
20-13 of the property or a person exempted by Section 3 of this Act, who
20-14 offers, for consideration, to locate a unit in an apartment complex
20-15 for lease to a prospective tenant.
20-16 (b) A person may not engage in business as a residential
20-17 rental locator in this state unless the person holds a license
20-18 issued under this Act to operate as a real estate broker or real
20-19 estate salesman and complies with the continuing education
20-20 requirements under Section 7A of this Act.
20-21 (c) The commission by rule shall adopt regulations and
20-22 establish standards relating to permissible forms of advertising by
20-23 a person licensed under this section.
20-24 (d) Each residential rental locator shall post in a
20-25 conspicuous place accessible to clients and prospective clients the
20-26 locator's license, a statement that the locator is licensed by the
20-27 commission, and the name, mailing address, and telephone number of
21-1 the commission as provided by Section 5(q) of this Act.
21-2 (e) A violation of this section by a residential rental
21-3 locator constitutes grounds under this Act for the suspension or
21-4 revocation of the person's license and for the assessment of an
21-5 administrative penalty under Section 19A of this Act.
21-6 (f) A person commits an offense if the person engages in
21-7 business as a residential rental locator in this state without a
21-8 license issued under this Act. An offense under this subsection is
21-9 a Class B misdemeanor.
21-10 (g) The commission by rule may provide for a waiver of some
21-11 or all of the requirements for a license under this Act,
21-12 notwithstanding any other provision of this Act, if the applicant
21-13 was previously licensed in this state within the five-year period
21-14 prior to the filing of the application.
21-15 SECTION 7. Section 92.258, Property Code, is amended by
21-16 amending Subsections (b) and (e) and by adding Subsection (g) to
21-17 read as follows:
21-18 (b) The landlord shall determine that the smoke detector is
21-19 in good working order at the beginning of the tenant's possession
21-20 by testing the smoke detector with smoke, by operating the testing
21-21 button on the smoke detector, or by following other <the>
21-22 recommended test procedures of the manufacturer for the particular
21-23 model<:>
21-24 <(1) at the beginning of a tenant's possession if the
21-25 dwelling unit contains a smoke detector; or>
21-26 <(2) at the time of installation if the landlord
21-27 installs the smoke detector in the dwelling unit after the tenant
22-1 has taken possession>.
22-2 (e) The landlord has met the duty to inspect and repair if
22-3 the smoke detector is in good working order after the landlord
22-4 tests the smoke detector with smoke, operates the testing button on
22-5 the smoke detector, or follows other <the> recommended test
22-6 procedures of the manufacturer for the particular model.
22-7 (g) A smoke detector that is in good working order at the
22-8 beginning of a tenant's possession is presumed to be in good
22-9 working order until the tenant requests repair of the smoke
22-10 detector as provided by this subchapter.
22-11 SECTION 8. Section 92.259, Property Code, is amended to read
22-12 as follows:
22-13 Sec. 92.259. LANDLORD'S FAILURE TO INSTALL, INSPECT, OR
22-14 REPAIR. (a) A landlord is liable according to this subchapter if:
22-15 (1) the landlord did not install a smoke detector at
22-16 the time of initial occupancy by the tenant as required by this
22-17 subchapter or a municipal ordinance permitted by this subchapter;
22-18 or <after the tenant requested the landlord to install, inspect, or
22-19 repair a smoke detector in the tenant's dwelling unit as required
22-20 by this subchapter, the landlord did not install the smoke detector
22-21 or inspect or repair the smoke detector within a reasonable time
22-22 after the tenant's notice of malfunction or request for repair,
22-23 considering the availability of materials, labor, and utilities;
22-24 and>
22-25 (2) the landlord does not install, inspect, or repair
22-26 the smoke detector on or before the seventh day after the date the
22-27 tenant gives the landlord written notice that the tenant may
23-1 exercise his remedies under this subchapter if the landlord does
23-2 not comply with the request within seven days.
23-3 (b) If the tenant gives notice under Subsection (a)(2) and
23-4 the tenant's lease is in writing, the lease may require the tenant
23-5 to make the initial request for installation, inspection, or repair
23-6 in writing.
23-7 SECTION 9. Section 92.260, Property Code, is amended to read
23-8 as follows:
23-9 Sec. 92.260. TENANT REMEDIES. A tenant of a landlord who is
23-10 liable under Section 92.259 may obtain or exercise one or more of
23-11 the following remedies:
23-12 (1) a court order directing the landlord to comply
23-13 with the tenant's request if the tenant is in possession of the
23-14 dwelling unit;
23-15 (2) a judgment against the landlord for damages
23-16 suffered by the tenant because of the landlord's violation;
23-17 (3) a judgment against the landlord for a civil
23-18 penalty of one month's rent plus $100 if the landlord violates
23-19 Section 92.259(a)(2);
23-20 (4) a judgment against the landlord for court costs
23-21 <and attorney's fees>; <and>
23-22 (5) a judgment against the landlord for attorney's
23-23 fees in an action under Subdivision (1) or (3); and
23-24 (6) unilateral termination of the lease without a
23-25 court proceeding if the landlord violates Section 92.259(a)(2).
23-26 SECTION 10. Subchapter F, Chapter 92, Property Code, is
23-27 amended by adding Section 92.2611 to read as follows:
24-1 Sec. 92.2611. TENANT'S DISABLING OF A SMOKE DETECTOR.
24-2 (a) A tenant is liable according to this subchapter if the tenant
24-3 removes a battery from a smoke detector without immediately
24-4 replacing it with a working battery or knowingly disconnects or
24-5 intentionally damages a smoke detector, causing it to malfunction.
24-6 (b) Except as provided in Subsection (c), a landlord of a
24-7 tenant who is liable under Subsection (a) may obtain a judgment
24-8 against the tenant for damages suffered by the landlord because the
24-9 tenant removed a battery from a smoke detector without immediately
24-10 replacing it with a working battery or knowingly disconnected or
24-11 intentionally damaged the smoke detector, causing it to
24-12 malfunction.
24-13 (c) A tenant is not liable for damages suffered by the
24-14 landlord if the damage is caused by the landlord's failure to
24-15 repair the smoke detector within a reasonable time after the tenant
24-16 requests it to be repaired, considering the availability of
24-17 material, labor, and utilities.
24-18 (d)(1) A landlord of a tenant who is liable under Subsection
24-19 (a) may obtain or exercise one or more of the remedies in
24-20 Subsection (e) if:
24-21 (A) a lease between the landlord and tenant
24-22 contains a notice, in underlined or boldface print, which states in
24-23 substance that the tenant must not disconnect or intentionally
24-24 damage a smoke detector or remove the battery without immediately
24-25 replacing it with a working battery and that the tenant may be
24-26 subject to damages, civil penalties, and attorney's fees under
24-27 Section 92.2611 of the Property Code for not complying with the
25-1 notice; and
25-2 (B) the landlord has given notice to the tenant
25-3 that the landlord intends to exercise the landlord's remedies under
25-4 this subchapter if the tenant does not reconnect, repair, or
25-5 replace the smoke detector or replace the removed battery within
25-6 seven days after being notified by the landlord to do so.
25-7 (2) The notice in Subdivision (1)(B) must be in a
25-8 separate document furnished to the tenant after the landlord has
25-9 discovered that the tenant has disconnected or damaged the smoke
25-10 detector or removed a battery from it.
25-11 (e) If a tenant is liable under Subsection (a) and the
25-12 tenant does not comply with the landlord's notice under Subsection
25-13 (d), the landlord shall have the following remedies against the
25-14 tenant:
25-15 (1) a court order directing the tenant to comply with
25-16 the landlord's notice;
25-17 (2) a judgment against the tenant for a civil penalty
25-18 of one month's rent plus $100;
25-19 (3) a judgment against the tenant for court costs; and
25-20 (4) a judgment against the tenant for reasonable
25-21 attorney's fees.
25-22 (f) A tenant's guest or invitee who suffers damage because
25-23 of a landlord's failure to install, inspect, or repair a smoke
25-24 detector as required by this subchapter may recover a judgment
25-25 against the landlord for the damage. A tenant's guest or invitee
25-26 who suffers damage because the tenant removed a battery without
25-27 immediately replacing it with a working battery or because the
26-1 tenant knowingly disconnected or intentionally damaged the smoke
26-2 detector, causing it to malfunction, may recover a judgment against
26-3 the tenant for the damage.
26-4 SECTION 11. Subsection (a), Section 7A, The Real Estate
26-5 License Act (Article 6573a, Vernon's Texas Civil Statutes), is
26-6 amended to read as follows:
26-7 (a) To renew an active real estate broker license or an
26-8 active real estate salesman license that is not subject to the
26-9 annual education requirements of this Act, the licensee must
26-10 provide the commission proof of attendance at at least 15 classroom
26-11 hours of continuing education courses approved by the commission
26-12 during the term of the current license. The commission by rule may
26-13 provide for the substitution of relevant educational experience or
26-14 correspondence courses approved by the commission instead of
26-15 classroom attendance. In addition, supervised video instruction
26-16 may be approved by the commission as a course counting as classroom
26-17 hours of mandatory continuing education. At least six hours of
26-18 instruction must be devoted to the rules of the commission, fair
26-19 housing laws, landlord-tenant law and other Property Code issues,
26-20 agency laws, antitrust laws, the Deceptive Trade Practices-Consumer
26-21 Protection Act (Subchapter E, Chapter 17, Business & Commerce
26-22 Code), disclosures to buyers, landlords, tenants, and sellers,
26-23 current contract and addendum forms, the unauthorized practice of
26-24 law, case studies involving violations of laws and regulations,
26-25 current Federal Housing Administration and Department of Veterans
26-26 Affairs <Veterans Administration> regulations, tax laws, property
26-27 tax consulting laws and legal issues, or <and> other legal topics
27-1 approved by the commission. The remaining hours may be devoted to
27-2 other real estate-related topics approved by the commission. The
27-3 commission may consider equivalent courses for continuing education
27-4 credit. Property tax consulting laws and legal issues include but
27-5 are not limited to the Tax Code, preparation of property tax
27-6 reports, the unauthorized practice of law, agency laws, tax laws,
27-7 laws concerning property taxes or assessments, deceptive trade
27-8 practices, contract forms and addendum, and other legal topics
27-9 approved by the commission <The commission, on the request of a
27-10 provider of education, shall review a core real estate course
27-11 authorized under Section 7 of this Act and may approve it as a
27-12 mandatory continuing education course>. Real estate related
27-13 courses approved by the State Bar of Texas for minimum continuing
27-14 legal education participatory credit and core real estate courses
27-15 under Section 7(a) of this Act shall automatically be approved as
27-16 mandatory continuing education courses under this Act. The
27-17 commission may not require examinations except for correspondence
27-18 courses or courses offered by alternative delivery systems such as
27-19 computers. Daily classroom course segments must be at least three
27-20 hours long but not more than 10 hours long. <If the license being
27-21 renewed under this section was issued for less than two years, the
27-22 licensee must provide the commission proof of attendance at at
27-23 least eight classroom hours of continuing education within the term
27-24 of the current license, three classroom hours of which must have
27-25 been devoted to the legal topics specified in this section.>
27-26 SECTION 12. Subsection (a), Section 15, The Real Estate
27-27 License Act (Article 6573a, Vernon's Texas Civil Statutes), is
28-1 amended to read as follows:
28-2 (a) The commission may, on its own motion, and shall, on the
28-3 signed complaint in writing of a consumer or service recipient,
28-4 provided the complaint, or the complaint together with evidence,
28-5 documentary or otherwise, presented in connection with the
28-6 complaint, provides reasonable cause, investigate the actions and
28-7 records of a real estate broker or real estate salesman. The
28-8 commission may suspend or revoke a license issued under the
28-9 provisions of this Act at any time when it has been determined
28-10 that:
28-11 (1) the licensee has entered a plea of guilty or nolo
28-12 contendere to, or been found guilty of, or been convicted of, a
28-13 felony, in which fraud is an essential element, and the time for
28-14 appeal has elapsed or the judgment or conviction has been affirmed
28-15 on appeal, irrespective of an order granting probation following
28-16 such conviction, suspending the imposition of sentence;
28-17 (2) the licensee has procured, or attempted to
28-18 procure, a real estate license, for himself or a salesman, by
28-19 fraud, misrepresentation or deceit, or by making a material
28-20 misstatement of fact in an application for a real estate license;
28-21 (3) the licensee, when selling, buying, trading, or
28-22 renting real property in his own name, engaged in misrepresentation
28-23 or dishonest or fraudulent action;
28-24 (4) the licensee has failed within a reasonable time
28-25 to make good a check issued to the commission after the commission
28-26 has mailed a request for payment by certified mail to the
28-27 licensee's last known business address as reflected by the
29-1 commission's records;
29-2 (5) the licensee has disregarded or violated a
29-3 provision of this Act;
29-4 (6) the licensee, while performing an act constituting
29-5 an act of a broker or salesman, as defined by this Act, has been
29-6 guilty of:
29-7 (A) making a material misrepresentation, or
29-8 failing to disclose to a potential purchaser any latent structural
29-9 defect or any other defect known to the broker or salesman. Latent
29-10 structural defects and other defects do not refer to trivial or
29-11 insignificant defects but refer to those defects that would be a
29-12 significant factor to a reasonable and prudent purchaser in making
29-13 a decision to purchase;
29-14 (B) making a false promise of a character likely
29-15 to influence, persuade, or induce any person to enter into a
29-16 contract or agreement when the licensee could not or did not intend
29-17 to keep such promise;
29-18 (C) pursuing a continued and flagrant course of
29-19 misrepresentation or making of false promises through agents,
29-20 salesmen, advertising, or otherwise;
29-21 (D) failing to make clear, to all parties to a
29-22 transaction, which party he is acting for, or receiving
29-23 compensation from more than one party except with the full
29-24 knowledge and consent of all parties;
29-25 (E) failing within a reasonable time properly to
29-26 account for or remit money coming into his possession which belongs
29-27 to others, or commingling money belonging to others with his own
30-1 funds;
30-2 (F) paying a commission or fees to or dividing a
30-3 commission or fees with anyone not licensed as a real estate broker
30-4 or salesman in this state or in any other state for compensation
30-5 for services as a real estate agent;
30-6 (G) failing to specify in a listing contract or
30-7 in another contract in which the licensee agrees to perform
30-8 services for which a license is required under this Act a definite
30-9 termination date which is not subject to prior notice;
30-10 (H) accepting, receiving, or charging an
30-11 undisclosed commission, rebate, or direct profit on expenditures
30-12 made for a principal;
30-13 (I) soliciting, selling, or offering for sale
30-14 real property under a scheme or program that constitutes a lottery
30-15 or deceptive practice;
30-16 (J) acting in the dual capacity of broker and
30-17 undisclosed principal in a transaction;
30-18 (K) guaranteeing, authorizing, or permitting a
30-19 person to guarantee that future profits will result from a resale
30-20 of real property;
30-21 (L) placing a sign on real property offering it
30-22 for sale, lease, or rent without the written consent of the owner
30-23 or his authorized agent;
30-24 (M) inducing or attempting to induce a party to
30-25 a contract of sale or lease to break the contract for the purpose
30-26 of substituting in lieu thereof a new contract;
30-27 (N) negotiating or attempting to negotiate the
31-1 sale, exchange, lease, or rental of real property with an owner,
31-2 <or> lessor, buyer, or tenant, knowing that the owner, <or> lessor,
31-3 buyer, or tenant had a written outstanding contract, granting
31-4 exclusive agency in connection with the transaction <property> to
31-5 another real estate broker;
31-6 (O) offering real property for sale or for lease
31-7 without the knowledge and consent of the owner or his authorized
31-8 agent, or on terms other than those authorized by the owner or his
31-9 authorized agent;
31-10 (P) publishing, or causing to be published, an
31-11 advertisement including, but not limited to, advertising by
31-12 newspaper, radio, television, or display which is misleading, or
31-13 which is likely to deceive the public, or which in any manner tends
31-14 to create a misleading impression, or which fails to identify the
31-15 person causing the advertisement to be published as a licensed real
31-16 estate broker or agent;
31-17 (Q) having knowingly withheld from or inserted
31-18 in a statement of account or invoice, a statement that made it
31-19 inaccurate in a material particular;
31-20 (R) publishing or circulating an unjustified or
31-21 unwarranted threat of legal proceedings, or other action;
31-22 (S) establishing an association, by employment
31-23 or otherwise, with an unlicensed person who is expected or required
31-24 to act as a real estate licensee, or aiding or abetting or
31-25 conspiring with a person to circumvent the requirements of this
31-26 Act;
31-27 (T) failing or refusing on demand to furnish
32-1 copies of a document pertaining to a transaction dealing with real
32-2 estate to a person whose signature is affixed to the document;
32-3 (U) failing to advise a purchaser in writing
32-4 before the closing of a transaction that the purchaser should
32-5 either have the abstract covering the real estate which is the
32-6 subject of the contract examined by an attorney of the purchaser's
32-7 own selection, or be furnished with or obtain a policy of title
32-8 insurance;
32-9 (V) conduct which constitutes dishonest
32-10 dealings, bad faith, or untrustworthiness;
32-11 (W) acting negligently or incompetently in
32-12 performing an act for which a person is required to hold a real
32-13 estate license;
32-14 (X) disregarding or violating a provision of
32-15 this Act;
32-16 (Y) failing within a reasonable time to deposit
32-17 money received as escrow agent in a real estate transaction, either
32-18 in trust with a title company authorized to do business in this
32-19 state, or in a custodial, trust, or escrow account maintained for
32-20 that purpose in a banking institution authorized to do business in
32-21 this state;
32-22 (Z) disbursing money deposited in a custodial,
32-23 trust, or escrow account, as provided in Subsection (Y) before the
32-24 transaction concerned has been consummated or finally otherwise
32-25 terminated; or
32-26 (AA) discriminating against an owner, potential
32-27 purchaser, lessor, or potential lessee on the basis of race, color,
33-1 religion, sex, national origin, or ancestry, including directing
33-2 prospective home buyers or lessees interested in equivalent
33-3 properties to different areas according to the race, color,
33-4 religion, sex, national origin, or ancestry of the potential owner
33-5 or lessee;
33-6 (7) the licensee has failed or refused on demand to
33-7 produce a document, book, or record in his possession concerning a
33-8 real estate transaction conducted by him for inspection by the
33-9 commission or its authorized personnel or representative;
33-10 (8) the licensee has failed within a reasonable time
33-11 to provide information requested by the commission as a result of a
33-12 formal or informal complaint to the commission which would indicate
33-13 a violation of this Act; or
33-14 (9) the licensee has failed without just cause to
33-15 surrender to the rightful owner, on demand, a document or
33-16 instrument coming into his possession.
33-17 SECTION 13. Subchapter C, Chapter 92, Property Code, is
33-18 amended by adding Section 92.1031 to read as follows:
33-19 Sec. 92.1031. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT
33-20 OR RENT PREPAYMENT. (a) Except as provided in Subsection (b), a
33-21 landlord who receives a security deposit or rent prepayment for a
33-22 dwelling from a tenant who fails to occupy the dwelling according
33-23 to a lease between the landlord and the tenant may not retain the
33-24 security deposit or rent prepayment if:
33-25 (1) the tenant secures a replacement tenant
33-26 satisfactory to the landlord and the replacement tenant occupies
33-27 the dwelling on or before the commencement date of the lease; or
34-1 (2) the landlord secures a replacement tenant
34-2 satisfactory to the landlord and the replacement tenant occupies
34-3 the dwelling on or before the commencement date of the lease.
34-4 (b) If the landlord secures the replacement tenant, the
34-5 landlord may retain and deduct from the security deposit or rent
34-6 prepayment either:
34-7 (1) a sum agreed to in the lease as a lease
34-8 cancellation fee; or
34-9 (2) actual expenses incurred by the landlord in
34-10 securing the replacement, including a reasonable amount for the
34-11 time of the landlord in securing the replacement tenant.
34-12 SECTION 14. Section 13 of this Act shall only apply to
34-13 leases entered into after the effective date of this Act.
34-14 SECTION 15. (a) The change in law made by Subsection (f),
34-15 Section 24, The Real Estate License Act (Article 6573a, Vernon's
34-16 Texas Civil Statutes), as added by Section 6 of this Act, applies
34-17 only to an offense committed on or after the effective date of this
34-18 Act. For purposes of this section, an offense is committed before
34-19 the effective date of this Act if any element of the offense occurs
34-20 before that date.
34-21 (b) An offense committed before the effective date of this
34-22 Act is governed by the law in effect when the offense was
34-23 committed, and the former law is continued in effect for that
34-24 purpose.
34-25 SECTION 16. The Texas Real Estate Commission shall adopt
34-26 rules as required by Subsection (c), Section 24, The Real Estate
34-27 License Act (Article 6573a, Vernon's Texas Civil Statutes), as
35-1 added by Section 6 of this Act, not later than December 1, 1995.
35-2 SECTION 17. Sections 7 through 10 of this Act relating to
35-3 smoke detectors take effect September 1, 1995, and apply only to a
35-4 cause of action that accrues on or after that date. Sections 1
35-5 through 6 and 11 through 15 of this Act take effect January 1,
35-6 1996. A cause of action that accrued before the effective date of
35-7 a section of this Act is governed by the law as it existed at the
35-8 time the cause of action accrued, and that law is continued in
35-9 effect for that purpose.
35-10 SECTION 18. The importance of this legislation and the
35-11 crowded condition of the calendars in both houses create an
35-12 emergency and an imperative public necessity that the
35-13 constitutional rule requiring bills to be read on three several
35-14 days in each house be suspended, and this rule is hereby suspended.