By Maxey H.B. No. 2951
76R8536 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a landlord's right to enter a residential dwelling.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 92, Property Code, is
1-5 amended by adding Section 92.013 to read as follows:
1-6 Sec. 92.010. LANDLORD'S RIGHT OF ENTRY. (a) A landlord or
1-7 a manager or agent of a landlord may not enter a dwelling unless:
1-8 (1) entry is justified under Subsection (b);
1-9 (2) notice is provided under Subsection (c) and the
1-10 tenant does not object as provided by Subsection (d); or
1-11 (3) the entry is for purposes of making repairs
1-12 requested by the tenant and the tenant has waived the notice
1-13 required by Subsection (c).
1-14 (b) Entry is justified if:
1-15 (1) the landlord, manager, or agent entering the
1-16 dwelling reasonably believes entry is immediately necessary to
1-17 avoid imminent harm to a person or property; and
1-18 (2) the desirability and urgency of avoiding the harm
1-19 clearly outweigh, according to ordinary standards of
1-20 reasonableness, the harm to the tenant caused by the entry.
1-21 (c) A landlord or a manager or agent of a landlord must give
1-22 written notice to a tenant of the person's intention to enter the
1-23 tenant's dwelling. The notice must state the proposed date and
1-24 hour of entry, which may not be earlier than the third day after
2-1 the date the tenant actually receives the notice, and must provide
2-2 a contact person's name and telephone number for purposes of a
2-3 tenant's objection to the proposed date and hour under Subsection
2-4 (d). A notice under this subsection may be sent by:
2-5 (1) personal delivery of the notice to the tenant;
2-6 (2) securely affixing the notice to an exterior door
2-7 of the dwelling, if the tenant's lease authorizes in writing
2-8 delivery in that manner; or
2-9 (3) delivery by the postal service of a notice
2-10 addressed to the tenant and sent by certified mail, return receipt
2-11 requested.
2-12 (d) If the tenant objects to the proposed date or hour of
2-13 entry provided by a notice received under Subsection (c), the
2-14 tenant shall contact the contact person listed in the notice and
2-15 the parties shall arrange a mutually convenient time for the entry.
2-16 (e) A landlord or a manager or agent of a landlord who
2-17 enters a dwelling under the authority of Subsection (a)(1) or (3)
2-18 shall provide the tenant with a written statement detailing the
2-19 nature of and justification for the entry or the repair and the
2-20 action that was taken not later than 24 hours after the first hour
2-21 of the entry.
2-22 (f) If a landlord or a manager or agent of a landlord
2-23 violates this section or retaliates against a tenant for exercising
2-24 the tenant's rights under this section, the tenant may:
2-25 (1) terminate the lease without penalty and obtain a
2-26 refund of the tenant's security deposit;
2-27 (2) deduct from the tenant's next rental payment or
3-1 payments, without the necessity of judicial action, an amount equal
3-2 to one-half of the rental otherwise due for a one-month period; or
3-3 (3) file suit and recover from the landlord or the
3-4 manager or agent of the landlord an amount equal to the sum of:
3-5 (A) the tenant's actual damages;
3-6 (B) statutory damages in the amount of $1,500;
3-7 (C) punitive damages awarded;
3-8 (D) reasonable attorney's fees; and
3-9 (E) court costs.
3-10 (g) A deduction lawfully made under Subsection (f)(2) is a
3-11 defense to a forcible detainer suit.
3-12 (h) A provision of a lease that purports to waive a right or
3-13 to exempt a party from a liability or duty under this section is
3-14 void.
3-15 SECTION 2. Section 30.05(c), Penal Code, is amended to read
3-16 as follows:
3-17 (c) It is a defense to prosecution under this section that
3-18 the actor at the time of the offense was:
3-19 (1) a fire fighter or emergency medical services
3-20 personnel, as that term is defined by Section 773.003, Health and
3-21 Safety Code, acting in the lawful discharge of an official duty
3-22 under exigent circumstances; or
3-23 (2) a landlord or a manager or agent of a landlord
3-24 entering a dwelling in accordance with Section 92.013, Property
3-25 Code.
3-26 SECTION 3. This Act applies only to a lease entered into or
3-27 renewed on or after the effective date of this Act.
4-1 SECTION 4. This Act takes effect September 1, 1999.
4-2 SECTION 5. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.