Bill not drafted by TLC or Senate E&E. Line and page numbers may not match official copy. By Burnam H.B. No. 2852 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to tenant reporting and tenant reporting services. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 92, Property Code, is amended by adding 1-5 Subchapter I, to read as follows: 1-6 SUBCHAPTER I. TENANT REPORTING. 1-7 Sec. 92.350. TENANT REPORTING SERVICES. As used in this 1-8 Subchapter "tenant reporting service" means a person or 1-9 organization engaging in the practice of assembling or reporting 1-10 information regarding individual residential tenants, for the 1-11 purpose of furnishing such tenant information to third parties. 1-12 Sec. 92.351. PROHIBITION AGAINST SUBMITTING FALSE OR 1-13 DISPUTED MATTERS. (a) A person who knowingly furnishes false 1-14 tenant information regarding another person to a tenant reporting 1-15 service is liable to the tenant for actual damages, plus a civil 1-16 penalty of $500, court costs and reasonable and necessary 1-17 attorney's fees. 1-18 (b) If a tenant has exercised a right to unilaterally 1-19 terminate the lease, withhold rent, use the security deposit for 1-20 rent, or repair and deduct, according to this Chapter, the landlord 1-21 and management company may not issue statements to a tenant 1-22 reporting service regarding any claim the landlord or management 1-23 company may have against the tenant based upon an alleged improper 1-24 exercise unless such a claim has been judicially determined. 2-1 Sec. 92.352. RIGHT TO NOTICE OF REPORT USED. If a landlord 2-2 or management company rejects a prospective tenant based in whole 2-3 or in part on information provided by a tenant reporting service, 2-4 the landlord or management company must inform the tenant, upon 2-5 request within five days, of the name, address and telephone number 2-6 of the tenant reporting service and the information obtained from 2-7 the tenant reporting service, and give a copy of any written report 2-8 without charge to the tenant. 2-9 Sec. 92.353. REMEDIES FOR VIOLATION. (a) In addition to 2-10 other remedies provided by law, a landlord or management company 2-11 who violates any provision of this Subchapter is liable to the 2-12 tenant for actual damages, plus a civil penalty of $500, court 2-13 costs and reasonable and necessary attorney's fees. 2-14 (b) In addition to the remedies provided in Subsection (a) 2-15 of this Section, if a landlord or management company is notified of 2-16 a violation of any provision of this Subchapter in writing, and 2-17 fails to withdraw or otherwise correct the information given to the 2-18 tenant reporting service within 10 days, then the tenant is further 2-19 entitled to injunctive relief, and an additional civil penalty of 2-20 $1,000. 2-21 SECTION 2. This Act takes effect September 1, 1997. 2-22 SECTION 3. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 2-26 days in each house be suspended, and this rule is hereby suspended.