By Alvarado H.B. No. 2627
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating offenses for a landlord's failure to provide
1-3 notice when entering leased residential premises under certain
1-4 circumstances and for a landlord's failure to provide certain
1-5 security devices for leased residential premises.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Subchapter A, Chapter 92, Property Code, is
1-8 amended by adding Section 92.014 to read as follows:
1-9 Sec. 92.014. UNLAWFUL ENTRY BY LANDLORD. (a) In this
1-10 section, "landlord" includes an agent of the landlord.
1-11 (b) Except as provided by Subsection (d), a landlord may not
1-12 enter a residential dwelling unless the landlord has placed a
1-13 written notice on the main entry door of the dwelling at least 48
1-14 hours before the time of the scheduled entry informing the tenant
1-15 of the landlord's intention to enter the premises.
1-16 (c) The notice required by this section must specify the
1-17 purpose for the entry and the date on which the entry is scheduled.
1-18 The notice may specify a range of possible dates, within a period
1-19 not to exceed seven consecutive days, during which the entry may
1-20 occur. The notice may indicate that more than one entry may be
1-21 required during the period specified in the notice.
2-1 (d) Notice is not required under this section if:
2-2 (1) the tenant or occupant or a guest of the tenant or
2-3 occupant is present at the time of the entry;
2-4 (2) the landlord is responding to the tenant's or
2-5 occupant's request to enter the dwelling;
2-6 (3) the landlord is retrieving:
2-7 (A) unreturned property borrowed by the tenant
2-8 or occupant from the landlord; or
2-9 (B) unretrieved property owned or leased by a
2-10 former tenant or occupant of the dwelling;
2-11 (4) the landlord is opening the dwelling for
2-12 inspection by a governmental inspector, including a fire marshal;
2-13 (5) the landlord is opening the dwelling for a law
2-14 enforcement officer executing a search warrant for the dwelling;
2-15 (6) the landlord is showing the dwelling to a
2-16 prospective tenant after the tenant has given the landlord a notice
2-17 of termination or the landlord has given the tenant a notice to
2-18 vacate;
2-19 (7) the landlord is entering the dwelling to exercise
2-20 a contractual lien right provided by Chapter 54;
2-21 (8) the landlord is changing door locks as permitted
2-22 under Section 92.0081;
2-23 (9) the landlord is inspecting the dwelling because
2-24 the landlord reasonably suspects that an imminent danger to life or
2-25 property exists; or
3-1 (10) the landlord is entering the dwelling at a time
3-2 when the tenant is delinquent in paying rent.
3-3 (e) A landlord commits an offense if the landlord fails to
3-4 comply with this section. An offense under this section is a Class
3-5 C misdemeanor. Each violation of this section is a separate
3-6 offense.
3-7 (f) This section does not apply to:
3-8 (1) property used as a hotel as that term is defined
3-9 by Section 156.001, Tax Code; or
3-10 (2) a dormitory or other housing facility owned or
3-11 leased by an educational institution.
3-12 SECTION 2. Subchapter D, Chapter 92, Property Code, is
3-13 amended by adding Section 92.171 to read as follows:
3-14 Sec. 92.171. CRIMINAL PENALTY FOR LANDLORD'S VIOLATIONS.
3-15 (a) A landlord commits an offense if the landlord fails to comply
3-16 with Section 92.153 or 92.156.
3-17 (b) An offense under this section is a Class C misdemeanor.
3-18 SECTION 3. This Act takes effect September 1, 1999.
3-19 SECTION 4. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.