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.