By Maxey H.B. No. 818
76R37 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring a residential landlord to provide notice to
1-3 tenants regarding the interruption of utilities in certain
1-4 circumstances.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 92.008(e), (f), and (g), Property Code,
1-7 are amended to read as follows:
1-8 (e) A landlord who interrupts utility services for bona fide
1-9 repairs or construction under this section shall deliver written
1-10 notice of the impending interruption to each tenant affected by
1-11 the interruption not later than 24 hours before the time that
1-12 repair or construction work begins.
1-13 (f) A landlord who interrupts electrical service under
1-14 Subsection (c) or (d) shall restore the service not later than two
1-15 hours after the time the tenant tenders, during the landlord's
1-16 normal business hours, payment of the delinquent electric bill or
1-17 rent owed to the landlord.
1-18 (g) [(f)] If a landlord or a landlord's agent violates this
1-19 section, the tenant may:
1-20 (1) either recover possession of the premises or
1-21 terminate the lease; and
1-22 (2) recover from the landlord an amount equal to the
1-23 sum of the tenant's actual damages, one month's rent or $500,
1-24 whichever is greater, reasonable attorney's fees, and court costs,
2-1 less any delinquent rents or other sums for which the tenant is
2-2 liable to the landlord.
2-3 (h) [(g)] A provision of a lease that purports to waive a
2-4 right or to exempt a party from a liability or duty under this
2-5 section is void.
2-6 SECTION 2. This Act takes effect September 1, 1999.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.