S.B. 92 78(R)    BILL ANALYSIS


S.B. 92
By: West
Business & Industry
Committee Report (Unamended)



BACKGROUND AND PURPOSE 
Currently, there is no statute in state law that prohibits a landlord from
evicting a tenant from a rental property because law enforcement or
emergency assistance was called in response to domestic violence.  S.B. 92
prohibits a landlord from limiting a residential tenant's right to summon
police or other emergency assistance in response to family violence.  This
bill also prohibits landlords from imposing penalties on such tenants and
provides for civil penalties against a landlord who violates this section. 

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 92, Property Code, by adding
Section 92.015, as follows: 

Sec.  92.015.  TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE.
(a)  Prohibits a landlord from performing certain actions regarding a
residential tenant's right to summon police or emergency assistance. 

(b)  Provides that a provision in a lease is void if the provision
purports to waive a tenant's right to summon assistance in response to
family violence or exempt any party from liability or a duty. 

(c)  Provides that, in addition to other remedies provided by law, if a
landlord violates this section, a tenant is entitled to recover from or
against the landlord certain amounts. 

  (d)  Defines "one month's rent."

  (e)  Defines "family violence."

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  upon passage or September 1, 2003.

EFFECTIVE DATE
Immediate effect with 2/3 vote or, failing such a vote, September 1, 2003.