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 * * * * *