By:  Brown                                            S.B. No. 1426
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to security devices in certain rental dwellings.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 92.151, Property Code, is amended to read
    1-4  as follows:
    1-5        Sec. 92.151.  Definitions.  In this subchapter:
    1-6              (1)  "Doorknob lock" means a lock in a doorknob, with
    1-7  the lock operated from the exterior by a key, card, or combination
    1-8  and from the interior without a key, card, or combination.
    1-9              (2)  "Door viewer" means a permanently installed device
   1-10  in an exterior door that allows a person inside the dwelling to
   1-11  view a person outside the door.  The device must be:
   1-12                    (A)  a clear glass pane or one-way mirror; or
   1-13                    (B)  a peephole having a barrel with a one-way
   1-14  lens of glass or other substance providing an angle view of not
   1-15  less than 160 degrees.
   1-16              (3)  "Exterior door" means a door providing access from
   1-17  a dwelling interior to the exterior.  The term includes a door
   1-18  between a living area and a garage but does not include a sliding
   1-19  glass door or a screen door.
   1-20              (4)  "Floor-mounted bolting device" means a steel
   1-21  sleeve in the floor, on the inside of an in-swinging door, two
   1-22  inches in from the center of the door with a kick plate installed
   1-23  with screws and a storage bracket on the inside of the door.  When
    2-1  the steel bar is inserted into its hole in the floor it must be
    2-2  capable of preventing the door from moving inward.  The steel bar
    2-3  must be additionally capable of being adjusted from the inside so
    2-4  that the door can be opened from the inside two inches to serve as
    2-5  a viewing space while still preventing the door from being opened
    2-6  inwardly further than two inches.
    2-7              (5)  "French doors" means a set of two exterior doors
    2-8  in which each door is hinged and abuts the other door when closed.
    2-9  The term includes double-hinged patio doors.
   2-10              (6) <(5)>  "Keyed dead bolt" means:
   2-11                    (A)  a door lock not in the doorknob that:
   2-12                          (i)  locks with a bolt into the doorjamb;
   2-13  and
   2-14                          (ii)  is operated from the exterior by a
   2-15  key, card, or combination and from the interior by a knob or lever
   2-16  without a key, card, or combination; or
   2-17                    (B)  a doorknob lock that contains a bolt with at
   2-18  least a one-inch throw.
   2-19              (7) <(6)>  "Keyless bolting device" means a door lock
   2-20  not in the doorknob that locks:
   2-21                    (A)  with a bolt into a strike plate screwed into
   2-22  the portion of the doorjamb surface that faces the edge of the door
   2-23  when the door is closed or into a metal doorjamb that serves as the
   2-24  strike plate, operable only by knob or lever from the door's
   2-25  interior and not in any manner from the door's exterior, and that
    3-1  is commonly known as a keyless dead bolt;
    3-2                    (B)  by a drop bolt system operated by placing a
    3-3  central metal plate over a metal doorjamb restraint that protrudes
    3-4  from the doorjamb and that is affixed to the doorjamb frame by
    3-5  means of three case-hardened screws at least three inches in
    3-6  length.  One-half of the central plate must overlap the interior
    3-7  surface of the door and the other half of the central plate must
    3-8  overlap the doorjamb when the plate is placed over the doorjamb
    3-9  restraint.  The drop bolt system must prevent the door from being
   3-10  opened unless the central plate is lifted off of the doorjamb
   3-11  restraint by a person who is on the interior side of the door.
   3-12        The term "keyless bolting device" does not include a chain
   3-13  latch, flip latch, surface-mounted slide bolt, mortise door bolt,
   3-14  surface-mounted barrel bolt, surface-mounted swing bar door guard,
   3-15  spring-loaded nightlatch, foot bolt, or other lock or latch; or
   3-16                    (C)  by a metal bar or metal tube that is placed
   3-17  across the entire interior side of the door and secured in place at
   3-18  each end of the bar or tube by heavy-duty metal screw hooks.  The
   3-19  screw hooks must be at least three inches in length and must be
   3-20  screwed into the door frame stud or wall stud on each side of the
   3-21  door.  The bar or tube must be capable of being secured to both of
   3-22  the screw hooks and must be permanently attached in some way to the
   3-23  door frame stud or wall stud.  When secured to the screw hooks, the
   3-24  bar or tube must prevent the door from being opened unless the bar
   3-25  or tube is removed by a person who is on the interior side of the
    4-1  door.
    4-2              (8) <(7)>  "Landlord" means a dwelling owner, lessor,
    4-3  sublessor, management company, or managing agent, including an
    4-4  on-site manager.
    4-5              (9) <(8)>  "Multiunit complex" means two or more
    4-6  dwellings in one or more buildings that are:
    4-7                    (A)  under common ownership;
    4-8                    (B)  managed by the same owner, agent, or
    4-9  management company; and
   4-10                    (C)  located on the same lot or tract or adjacent
   4-11  lots or tracts of land.
   4-12              (10) <(9)>  "Possession of a dwelling" means occupancy
   4-13  by a tenant under a lease, including occupancy until the time the
   4-14  tenant moves out or a writ of possession is issued by a court.  The
   4-15  term does not include occupancy before the initial occupancy date
   4-16  authorized under a lease.
   4-17              (11) <(10)>  "Rekey" means to change or alter a
   4-18  security device that is operated by a key, card, or combination so
   4-19  that a different key, card, or combination is necessary to operate
   4-20  the security device.
   4-21              (12) <(11)>  "Security device" means a doorknob lock,
   4-22  door viewer, keyed dead bolt, keyless bolting device, sliding door
   4-23  handle latch, sliding door pin lock, sliding door security bar, or
   4-24  window latch in a dwelling.
   4-25              (13) <(12)>  "Sliding door handle latch" means a latch
    5-1  or lock:
    5-2                    (A)  located near the handle on a sliding glass
    5-3  door;
    5-4                    (B)  operated with or without a key; and
    5-5                    (C)  designed to prevent the door from being
    5-6  opened.
    5-7              (14) <(13)>  "Sliding door pin lock" means a lock on a
    5-8  sliding glass door that consists of a pin or nail inserted from the
    5-9  interior side of the door at the side opposite the door's handle
   5-10  and that is designed to prevent the door from being opened or
   5-11  lifted.
   5-12              (15) <(14)>  "Sliding door security bar" means a bar or
   5-13  rod that can be placed at the bottom of or across the interior side
   5-14  of the fixed panel of a sliding glass door and that is designed to
   5-15  prevent the door from being opened.
   5-16              (16) <(15)>  "Tenant turnover date" means the date a
   5-17  new tenant moves into a dwelling under a lease after all previous
   5-18  tenants have moved out.  The term does not include dates of entry
   5-19  or occupation not authorized by the landlord.
   5-20              (17) <(16)>  "Window latch" means a device on a window
   5-21  that prevents the window from being opened and that is operated
   5-22  without a key and only from the interior.
   5-23        SECTION 2.  Section 92.157, Property Code, is amended to read
   5-24  as follows:
   5-25        Sec. 92.157.  Security Devices Requested by Tenant.  (a)  At
    6-1  a tenant's request made at any time, a landlord, at the tenant's
    6-2  expense, shall install:
    6-3              (1)  a keyed dead bolt on an exterior door if the door
    6-4  has:
    6-5                    (A)  a doorknob lock but not a keyed dead bolt;
    6-6  or
    6-7                    (B)  a keyless bolting device but not a keyed
    6-8  dead bolt or doorknob lock; and
    6-9              (2)  a sliding door pin lock or sliding door security
   6-10  bar if the door is an exterior sliding glass door without a sliding
   6-11  door pin lock or sliding door security bar.
   6-12        (b)  At a tenant's request made at any time, a landlord, at
   6-13  the landlord's expense, shall install a floor-mounted bolting
   6-14  device, installed in accordance with the manufacturer's recommended
   6-15  procedures and purchased at the tenant's expense.
   6-16        (c)  At a tenant's request made before January 1, 1995, a
   6-17  landlord, at the tenant's expense, shall install on an exterior
   6-18  door of a dwelling constructed before September 1, 1993:
   6-19              (1)  a keyless bolting device if the door does not have
   6-20  a keyless bolting device; and
   6-21              (2)  a door viewer if the door does not have a door
   6-22  viewer.
   6-23        (d) <(c)>  If a security device required by Section 92.153 to
   6-24  be installed on or after January 1, 1995, without necessity of a
   6-25  tenant's request has not been installed by the landlord, the tenant
    7-1  may request the landlord to immediately install it, and the
    7-2  landlord shall immediately install it at the landlord's expense.
    7-3        SECTION 3.  This Act takes effect September 1, 1995.
    7-4        SECTION 4.  The importance of this legislation and the
    7-5  crowded condition of the calendars in both houses create an
    7-6  emergency and an imperative public necessity that the
    7-7  constitutional rule requiring bills to be read on three several
    7-8  days in each house be suspended, and this rule is hereby suspended.