1-1        By:  Barrientos                                 S.B. No. 1334
    1-2        (In the Senate - Filed March 10, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on Jurisprudence; May 9, 1995,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 6, Nays 0; May 9, 1995, sent to printer.)
    1-6  COMMITTEE SUBSTITUTE FOR S.B. No. 1334               By:  Henderson
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to the relationship between landlords and tenants and to
   1-10  the regulation of residential rental locators; providing penalties.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Subchapter A, Chapter 92, Property Code, is
   1-13  amended by amending Section 92.008 and by adding Section 92.0081 to
   1-14  read as follows:
   1-15        Sec. 92.008.  INTERRUPTION OF UTILITIES<, REMOVAL OF
   1-16  PROPERTY, AND EXCLUSION OF RESIDENTIAL TENANT>.  (a)  A landlord or
   1-17  a landlord's agent may not interrupt or cause the interruption of
   1-18  utility service paid for directly to the utility company by a
   1-19  tenant unless the interruption results from bona fide repairs,
   1-20  construction, or an emergency.
   1-21        (b)  Except as provided by Subsections (c) and (d), a
   1-22  landlord may not interrupt or cause the interruption of water,
   1-23  wastewater, gas, or electric service furnished to a tenant by the
   1-24  landlord as an incident of the tenancy or by other agreement unless
   1-25  the interruption results from bona fide repairs, construction, or
   1-26  an emergency.
   1-27        (c)  A landlord may interrupt or cause the interruption of
   1-28  electrical service furnished to a tenant by the landlord as an
   1-29  incident of the tenancy or by other agreement if:
   1-30              (1)  the electrical service furnished to the tenant is
   1-31  individually metered or submetered for the dwelling unit;
   1-32              (2)  the electrical service connection with the utility
   1-33  company is in the name of the landlord or the landlord's agent; and
   1-34              (3)  the landlord complies with the rules adopted by
   1-35  the Public Utility Commission of Texas for discontinuance of
   1-36  submetered electrical service.
   1-37        (d)  A landlord may interrupt or cause the interruption of
   1-38  electrical service furnished to a tenant by the landlord as an
   1-39  incident of the tenancy or by other agreement if:
   1-40              (1)  the electrical service furnished to the tenant is
   1-41  not individually metered or submetered for the dwelling unit;
   1-42              (2)  the electrical service connection with the utility
   1-43  company is in the name of the landlord or the landlord's agent;
   1-44              (3)  the tenant is at least seven days late in paying
   1-45  the rent;
   1-46              (4)  the landlord has mailed or hand-delivered to the
   1-47  tenant at least five days before the date the electrical service is
   1-48  interrupted a written notice that states:
   1-49                    (A)  the earliest date of the proposed
   1-50  interruption of electrical service;
   1-51                    (B)  the amount of rent the tenant must pay to
   1-52  avert the interruption; and
   1-53                    (C)  the name and location of the individual to
   1-54  whom or the location of the on-site management office where the
   1-55  delinquent rent may be paid during the landlord's normal business
   1-56  hours;
   1-57              (5)  the interruption does not begin before or after
   1-58  the landlord's normal business hours; and
   1-59              (6)  the interruption does not begin on a day, or on a
   1-60  day immediately preceding a day, when the landlord or other
   1-61  designated individual is not available or the on-site management
   1-62  office is not open to accept rent and restore electrical service.
   1-63        (e)  A landlord who interrupts electrical service under
   1-64  Subsection (c) or (d) shall restore the service not later than two
   1-65  hours after the time the tenant tenders, during the landlord's
   1-66  normal business hours, payment of the delinquent electric bill or
   1-67  rent owed to the landlord.
   1-68        (f)  If a landlord or a landlord's agent violates this
    2-1  section, the tenant may:
    2-2              (1)  either recover possession of the premises or
    2-3  terminate the lease; and
    2-4              (2)  recover from the landlord an amount equal to the
    2-5  sum of the tenant's actual damages, one month's rent or $500,
    2-6  whichever is greater, reasonable attorney's fees, and court costs,
    2-7  less any delinquent rents or other sums for which the tenant is
    2-8  liable to the landlord.
    2-9        (g)  A provision of a lease that purports to waive a right or
   2-10  to exempt a party from a liability or duty under this section is
   2-11  void.
   2-12        Sec. 92.0081.  REMOVAL OF PROPERTY AND EXCLUSION OF
   2-13  RESIDENTIAL TENANT.  (a) <(b)>  A landlord may not remove a door,
   2-14  window, or attic hatchway cover or a lock, latch, hinge, hinge pin,
   2-15  doorknob, or other mechanism connected to a door, window, or attic
   2-16  hatchway cover from premises leased to a tenant or remove
   2-17  furniture, fixtures, or appliances furnished by the landlord from
   2-18  premises leased to a tenant unless the landlord removes the item
   2-19  for a bona fide repair or replacement.  If a landlord removes any
   2-20  of the items listed in this subsection for a bona fide repair or
   2-21  replacement, the repair or replacement must be promptly performed.
   2-22        (b) <(c)>  A landlord may not intentionally prevent a tenant
   2-23  from entering the leased premises except by judicial process unless
   2-24  the exclusion results from:
   2-25              (1)  bona fide repairs, construction, or an emergency;
   2-26              (2)  removing the contents of premises abandoned by a
   2-27  tenant; or
   2-28              (3)  changing the door locks of a tenant who is
   2-29  delinquent in paying at least part of the rent.
   2-30        (c) <(d)>  If a landlord or a landlord's agent changes the
   2-31  door lock of a tenant who is delinquent in paying rent, the
   2-32  landlord or the landlord's agent must<:>
   2-33              <(1)>  place a written notice on the tenant's front
   2-34  door stating:
   2-35              (1)  an on-site location where the tenant may go 24
   2-36  hours a day to obtain the new key or a telephone number that is
   2-37  answered 24 hours a day that the tenant may call to have a key
   2-38  delivered within two hours after calling the number; <the name and
   2-39  location of the individual from whom the new key may be obtained at
   2-40  any hour; and>
   2-41              (2)  the fact that the landlord must provide the new
   2-42  key to the tenant at any hour, regardless of whether or not the
   2-43  tenant pays any of the delinquent rent; and
   2-44              (3)  the amount of rent and other charges for which the
   2-45  tenant is delinquent.
   2-46        (d)  A landlord may not intentionally prevent a tenant from
   2-47  entering the leased premises under Subsection (b)(3) unless:
   2-48              (1)  the tenant is delinquent in paying all or part of
   2-49  the rent; and
   2-50              (2)  the landlord has locally mailed or hand-delivered
   2-51  to the tenant, at least three business days before the date on
   2-52  which the door locks are changed, two copies of a written notice,
   2-53  one of which the tenant must initial, stating:
   2-54                    (A)  the earliest date that the landlord proposes
   2-55  to change the door locks;
   2-56                    (B)  the amount of rent the tenant must pay to
   2-57  prevent changing of the door locks; and
   2-58                    (C)  the name and street address of the
   2-59  individual to whom, or the location of the on-site management
   2-60  office at which, the delinquent rent may be paid during the
   2-61  landlord's normal business hours.
   2-62        (e)  A landlord may not change the locks on the door of a
   2-63  tenant's dwelling under Subsection (b)(3) on a day, or on a day
   2-64  immediately before a day, on which the landlord or other designated
   2-65  individual is not available, or on which any on-site management
   2-66  office is not open, for the tenant to tender the delinquent rent.
   2-67        (f)  A landlord who intentionally prevents a tenant from
   2-68  entering the tenant's dwelling under Subsection (b)(3) must provide
   2-69  the tenant with a key to the changed lock on the dwelling without
   2-70  regard to whether the tenant pays the delinquent rent.
    3-1        (g)  If a landlord arrives at the dwelling in a timely manner
    3-2  in response to a tenant's telephone call to the number contained in
    3-3  the notice as described by Subsection (c)(1) and the tenant is not
    3-4  present to receive the key to the changed lock, the landlord shall
    3-5  leave a notice on the front door of the dwelling stating the time
    3-6  the landlord arrived with the key and the street address to which
    3-7  the tenant may go to obtain the key during the landlord's normal
    3-8  office hours.
    3-9        (h) <(e)>  If a landlord <or a landlord's agent> violates
   3-10  this 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 a civil penalty of one
   3-14  month's rent plus $500, actual damages, court costs, and reasonable
   3-15  attorney's fees in an action to recover property damages, actual
   3-16  expenses, or civil penalties <an amount equal to the sum of the
   3-17  tenant's actual damages, one month's rent or $500, whichever is
   3-18  greater, reasonable attorney's fees, and court costs>, less any
   3-19  delinquent rent <rents> or other sums for which the tenant is
   3-20  liable to the landlord.
   3-21        (i)  If a landlord violates Subsection (f), the tenant may
   3-22  recover, in addition to the remedies provided by Subsection (h), an
   3-23  additional civil penalty of one month's rent.
   3-24        (j) <(f)>  A provision of a lease that purports to waive a
   3-25  right or to exempt a party from a liability or duty under this
   3-26  section is void.
   3-27        SECTION 2.  Sections 92.201, 92.202, 92.203, 92.204, 92.205,
   3-28  and 92.207, Property Code, are amended to read as follows:
   3-29        Sec. 92.201.  Disclosure of Ownership and Management.  (a)  A
   3-30  landlord shall disclose to a tenant, or to any government official
   3-31  or employee acting in an official capacity, according to this
   3-32  subchapter:
   3-33              (1)  the name and either a street or post office box
   3-34  address of the holder of record title, according to the deed
   3-35  records in the county clerk's office, of the dwelling rented by the
   3-36  tenant or inquired about by the government official or employee
   3-37  acting in an official capacity; and
   3-38              (2)  if an entity located off-site from the <tenant's>
   3-39  dwelling is primarily responsible for managing the dwelling, the
   3-40  name and street address of the management company.
   3-41        (b)  Disclosure to a tenant under Subsection (a) must be made
   3-42  by:
   3-43              (1)  giving the information in writing to the tenant on
   3-44  or before the seventh day after the day the landlord receives the
   3-45  tenant's request for the information;
   3-46              (2)  continuously posting the information in a
   3-47  conspicuous place in the dwelling or the office of the on-site
   3-48  manager or on the outside of the entry door to the office of the
   3-49  on-site manager on or before the seventh day after the date the
   3-50  landlord receives the tenant's request for the information; or
   3-51              (3)  including the information in a copy of the
   3-52  tenant's lease or in written rules given to the tenant before the
   3-53  tenant requests the information.
   3-54        (c)  Disclosure of information to a tenant may be made under
   3-55  Subdivision (1) or (2) of Subsection (b) before the tenant requests
   3-56  the information.
   3-57        (d)  Disclosure of information to a government official or
   3-58  employee must be made by giving the information in writing to the
   3-59  official or employee on or before the seventh day after the date
   3-60  the landlord receives the request from the official or employee for
   3-61  the information.
   3-62        (e)  A correction to the information may be made by any of
   3-63  the methods authorized for providing the information.
   3-64        (f) <(e)>  For the purposes of this section, an owner or
   3-65  property manager may disclose either an actual name or names or an
   3-66  assumed name if an assumed name certificate has been recorded with
   3-67  the county clerk.
   3-68        Sec. 92.202.  Landlord's Failure to Disclose Information.
   3-69  (a)  A landlord is liable to a tenant or a governmental body
   3-70  according to this subchapter if:
    4-1              (1)  after the tenant or government official or
    4-2  employee makes a request for information under Section 92.201, the
    4-3  landlord does not provide the information; and
    4-4              (2)  the landlord does not give the information to the
    4-5  tenant or government official or employee before the eighth day
    4-6  after the date the tenant, official, or employee gives the landlord
    4-7  written notice that the tenant, official, or employee may exercise
    4-8  <his> remedies under this subchapter if the landlord does not
    4-9  comply with the <tenant's> request by the tenant, official, or
   4-10  employee for the information within seven days.
   4-11        (b)  If the tenant's lease is in writing, the lease may
   4-12  require the tenant's initial request for information to be written.
   4-13  A request by a government official or employee for information must
   4-14  be in writing.
   4-15        Sec. 92.203.  Landlord's Failure to Correct Information.  A
   4-16  landlord who has provided information under Subdivision (2) or (3)
   4-17  of Subsection (b) of Section 92.201 is liable to a tenant according
   4-18  to this subchapter if:
   4-19              (1)  the information becomes incorrect because a name
   4-20  or address changes; and
   4-21              (2)  the landlord fails to correct the information on
   4-22  or before the seventh day after the date the tenant gives the
   4-23  landlord written notice that the tenant may exercise the <his>
   4-24  remedies under this subchapter if the corrected information is not
   4-25  provided within seven days.
   4-26        Sec. 92.204.  Bad Faith Violation.  A landlord acts in bad
   4-27  faith and is liable according to this subchapter if the landlord
   4-28  gives an incorrect name or address under Subsection (a) of Section
   4-29  92.201 by wilfully:
   4-30              (1)  disclosing incorrect information under
   4-31  <Subdivision (1) or (2) of Subsection (b) of> Section 92.201(b)(1)
   4-32  or (2) or Section 92.201(d); or
   4-33              (2)  failing to correct information given under
   4-34  <Subdivision (1) or (2) of Subsection (b) of> Section 92.201(b)(1)
   4-35  or (2) or Section 92.201(d) that the landlord knows is incorrect.
   4-36        Sec. 92.205.  <Tenant> Remedies.  (a)  A tenant of a landlord
   4-37  who is liable under Section 92.202, 92.203, or 92.204 may obtain or
   4-38  exercise one or more of the following remedies:
   4-39              (1)  a court order directing the landlord to make a
   4-40  disclosure required by this subchapter;
   4-41              (2)  a judgment against the landlord for an amount
   4-42  equal to the tenant's actual costs in discovering the information
   4-43  required to be disclosed by this subchapter;
   4-44              (3)  a judgment against the landlord for one month's
   4-45  rent plus $100;
   4-46              (4)  a judgment against the landlord for court costs
   4-47  and attorney's fees; and
   4-48              (5)  unilateral termination of the lease without a
   4-49  court proceeding.
   4-50        (b)  A governmental body whose official or employee has
   4-51  requested information from a landlord who is liable under Section
   4-52  92.202 or 92.204 may obtain or exercise one or more of the
   4-53  following remedies:
   4-54              (1)  a court order directing the landlord to make a
   4-55  disclosure required by this subchapter;
   4-56              (2)  a judgment against the landlord for an amount
   4-57  equal to the governmental body's actual costs in discovering the
   4-58  information required to be disclosed by this subchapter;
   4-59              (3)  a judgment against the landlord for $500; and
   4-60              (4)  a judgment against the landlord for court costs
   4-61  and attorney's fees.
   4-62        Sec. 92.207.  Agents for Delivery of Notice.  (a)  A managing
   4-63  or leasing agent, whether residing or maintaining an office on-site
   4-64  or off-site, is the agent of the landlord for purposes of:
   4-65              (1)  notice and other communications required or
   4-66  permitted by this subchapter;
   4-67              (2)  notice and other communications from a
   4-68  governmental body relating to a violation of health, sanitation,
   4-69  safety, or nuisance laws on the landlord's property where the
   4-70  dwelling is located, including notices of:
    5-1                    (A)  demands for abatement of nuisances;
    5-2                    (B)  repair of a substandard dwelling;
    5-3                    (C)  remedy of dangerous conditions;
    5-4                    (D)  reimbursement of costs incurred by the
    5-5  governmental body in curing the violation;
    5-6                    (E)  fines; and
    5-7                    (F)  service of process.
    5-8        (b)  If the landlord's name and business street address in
    5-9  this state have not been furnished in writing to the tenant or
   5-10  government official or employee, the person who collects the rent
   5-11  from a tenant is the landlord's authorized agent for purposes of
   5-12  Subsection (a).
   5-13        SECTION 3.  Chapter 92, Property Code, is amended by adding
   5-14  Subchapter H, transferring Sections 92.057 and 92.059 to new
   5-15  Subchapter H, redesignating Section 92.057 as Sections 92.331
   5-16  through 92.334 and redesignating Section 92.059 as Section 92.335,
   5-17  and amending Sections 92.057 and 92.059, as transferred and
   5-18  redesignated, to read as follows:
   5-19                      SUBCHAPTER H.  RETALIATION
   5-20        Sec. 92.331 <92.057>.  RETALIATION BY LANDLORD.  (a)  A
   5-21  landlord may not retaliate against a tenant by taking an action
   5-22  described by Subsection (b) because the tenant:
   5-23              (1)  in good faith exercises or attempts to exercise
   5-24  against a landlord a right or remedy granted to the tenant by
   5-25  lease, municipal ordinance, or federal or state statute;
   5-26              (2)  gives a landlord a notice to repair or exercise a
   5-27  remedy under this chapter; or
   5-28              (3)  complains to a governmental entity responsible for
   5-29  enforcing building or housing codes, a public utility, or a civic
   5-30  or nonprofit agency, and the tenant:
   5-31                    (A)  claims a building or housing code violation
   5-32  or utility problem; and
   5-33                    (B)  believes in good faith that the complaint is
   5-34  valid and that the violation or problem occurred.
   5-35        (b)  A landlord may not, within six months after the date of
   5-36  the tenant's action under Subsection (a), retaliate against the
   5-37  tenant by:
   5-38              (1)  filing an eviction proceeding, except for the
   5-39  grounds stated by Section 92.332;
   5-40              (2)  depriving the tenant of the use of the premises,
   5-41  except for reasons authorized by law;
   5-42              (3)  decreasing services to the tenant;
   5-43              (4)  increasing the tenant's rent or terminating the
   5-44  tenant's lease; or
   5-45              (5)  engaging, in bad faith, in a course of conduct
   5-46  that materially interferes with the tenant's rights under the
   5-47  tenant's lease <If a tenant gives a landlord a notice to repair or
   5-48  exercises a remedy under this subchapter for the landlord's failure
   5-49  to repair, the landlord may not, within six months from the date
   5-50  the notice to repair was given, retaliate against the tenant by:>
   5-51              <(1)  filing an eviction proceeding except for the
   5-52  grounds stated in Subsection (c);>
   5-53              <(2)  depriving the tenant of the use of the premises
   5-54  except for reasons authorized by law;>
   5-55              <(3)  decreasing services to the tenant; or>
   5-56              <(4)  increasing the tenant's rent or terminating the
   5-57  tenant's lease>.
   5-58        Sec. 92.332.  NONRETALIATION.  (a)  <(b)>  The landlord is
   5-59  not liable for retaliation under this subchapter <Subsection (a)>
   5-60  if the landlord proves that the action was not made for purposes of
   5-61  retaliation, nor is the landlord liable, unless the action violates
   5-62  a prior court order under Section 92.0563, for:
   5-63              (1)  increasing rent under an escalation clause in a
   5-64  written lease for utilities, taxes, or insurance; or
   5-65              (2)  increasing rent or reducing services as part of a
   5-66  pattern of rent increases or service reductions for an entire
   5-67  multidwelling project.
   5-68        (b) <(c)>  An eviction or lease termination based on the
   5-69  following circumstances, which are valid grounds for eviction or
   5-70  lease termination in any event, does not constitute retaliation:
    6-1              (1)  the tenant is delinquent in rent when the landlord
    6-2  gives notice to vacate or files an eviction action;
    6-3              (2)  the tenant, a member of the tenant's family, or a
    6-4  guest or invitee of the tenant intentionally damages property on
    6-5  the premises or by word or conduct threatens the personal safety of
    6-6  the landlord, the landlord's employees, or another tenant;
    6-7              (3)  the tenant has materially breached the lease,
    6-8  other than by holding over, by an action such as violating written
    6-9  lease provisions prohibiting serious misconduct or criminal acts,
   6-10  except as provided by this section <subsection>;
   6-11              (4)  the tenant holds over after giving notice of
   6-12  termination or intent to vacate;
   6-13              (5)  the tenant holds over after the landlord gives
   6-14  notice of termination at the end of the rental term and the tenant
   6-15  does not take action under Section 92.331 <landlord does not
   6-16  receive actual notice from the tenant to repair> until after the
   6-17  landlord gives notice of termination; or
   6-18              (6)  the tenant holds over and the landlord's notice of
   6-19  termination is motivated by a good faith belief that the tenant, a
   6-20  member of the tenant's family, or a guest or invitee of the tenant
   6-21  might:
   6-22                    (A)  adversely affect the quiet enjoyment by
   6-23  other tenants or neighbors;
   6-24                    (B)  materially affect the health or safety of
   6-25  the landlord, other tenants, or neighbors; or
   6-26                    (C)  damage the property of the landlord, other
   6-27  tenants, or neighbors.
   6-28        Sec. 92.333.  TENANT REMEDIES.  In addition to other remedies
   6-29  provided by law, if <(d)  If> a landlord retaliates against a
   6-30  tenant under this subchapter <section>, the tenant may recover from
   6-31  the landlord a civil penalty of one month's rent plus $500, actual
   6-32  damages, court costs, and reasonable attorney's fees in an action
   6-33  for recovery of property damages, moving costs, actual expenses,
   6-34  civil penalties, or declaratory or injunctive relief, less any
   6-35  delinquent rents or other sums for which the tenant is liable to
   6-36  the landlord.  If the tenant's rent payment to the landlord is
   6-37  subsidized in whole or in part by a governmental entity, the civil
   6-38  penalty granted under this section shall reflect the fair market
   6-39  rent of the dwelling plus $500.
   6-40        Sec. 92.334.  INVALID COMPLAINTS.  (a)  If a tenant files or
   6-41  prosecutes a suit for retaliatory action based on a complaint
   6-42  asserted under Section 92.331(a)(3), and the government building or
   6-43  housing inspector or utility company representative visits the
   6-44  premises and determines in writing that a violation of a building
   6-45  or housing code does not exist or that a utility problem does not
   6-46  exist, there is a rebuttable presumption that the tenant acted in
   6-47  bad faith.
   6-48        (b)  If a tenant files or prosecutes a suit under this
   6-49  subchapter in bad faith, the landlord may recover possession of the
   6-50  dwelling unit and may recover from the tenant a civil penalty of
   6-51  one month's rent plus $500, court costs, and reasonable attorney's
   6-52  fees.  If the tenant's rent payment to the landlord is subsidized
   6-53  in whole or in part by a governmental entity, the civil penalty
   6-54  granted under this section shall reflect the fair market rent of
   6-55  the dwelling plus $500<: (1) one month's rent plus $500; (2)
   6-56  reasonable moving costs; and (3)  court costs and attorney's fees>.
   6-57        Sec. 92.335 <92.059>.  Eviction <Forcible Entry and Detainer>
   6-58  Suits.  In an eviction suit, retaliation by the landlord under
   6-59  Section 92.331 is a defense and <92.057 or> a rent deduction
   6-60  lawfully made by the tenant under this chapter <Section 92.0561 or
   6-61  92.301> is a defense for nonpayment of the rent to the extent
   6-62  allowed by this chapter <those sections>.  Other judicial actions
   6-63  under this chapter <subchapter> may not be joined with an eviction
   6-64  suit or asserted as a defense or crossclaim in an eviction suit.
   6-65        SECTION 4.  The Real Estate License Act (Article 6573a,
   6-66  Vernon's Texas Civil Statutes) is amended by adding Section 24 to
   6-67  read as follows:
   6-68        Sec. 24.  RESIDENTIAL RENTAL LOCATORS.  (a)  In this section,
   6-69  "residential rental locator" means a person who offers, for
   6-70  compensation, to locate residential real property for lease to a
    7-1  prospective tenant.
    7-2        (b)  A person may not engage in business as a residential
    7-3  rental locator in this state unless the person holds a license
    7-4  issued under this Act to operate as a real estate broker or real
    7-5  estate salesman.
    7-6        (c)  The commission by rule shall adopt regulations and
    7-7  establish standards relating to permissible forms of advertising by
    7-8  a person licensed under this section.
    7-9        (d)  Each residential rental locator shall post in a
   7-10  conspicuous place accessible to clients and prospective clients the
   7-11  locator's license, a statement that the locator is licensed by the
   7-12  commission, and the name, mailing address, and telephone number of
   7-13  the commission as provided by Section 5(q) of this Act.
   7-14        (e)  A violation of this section by a residential rental
   7-15  locator constitutes grounds under this Act for the suspension or
   7-16  revocation of the person's license and for the assessment of an
   7-17  administrative penalty under Section 19A of this Act.
   7-18        (f)  A person commits an offense if the person engages in
   7-19  business as a residential rental locator in this state without a
   7-20  license issued under this Act.  An offense under this subsection is
   7-21  a Class B misdemeanor.
   7-22        SECTION 5.  (a)  The change in law made by Subsection (f),
   7-23  Section 24, The Real Estate License Act (Article 6573a, Vernon's
   7-24  Texas Civil Statutes), as added by Section 4 of this Act, applies
   7-25  only to an offense committed on or after the effective date of this
   7-26  Act.  For purposes of this section, an offense is committed before
   7-27  the effective date of this Act if any element of the offense occurs
   7-28  before that date.
   7-29        (b)  An offense committed before the effective date of this
   7-30  Act is governed by the law in effect when the offense was
   7-31  committed, and the former law is continued in effect for that
   7-32  purpose.
   7-33        SECTION 6.  The Texas Real Estate Commission shall adopt
   7-34  rules as required by Subsection (c), Section 24, The Real Estate
   7-35  License Act (Article 6573a, Vernon's Texas Civil Statutes), as
   7-36  added by Section 4 of this Act, not later than December 1, 1995.
   7-37        SECTION 7.  This Act takes effect September 1, 1995.
   7-38        SECTION 8.  The importance of this legislation and the
   7-39  crowded condition of the calendars in both houses create an
   7-40  emergency and an imperative public necessity that the
   7-41  constitutional rule requiring bills to be read on three several
   7-42  days in each house be suspended, and this rule is hereby suspended.
   7-43                               * * * * *