SRC-LBB, VRA C.S.S.B. 92 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 92
78R13957 KCR-DBy: West,Royce
Business & Commerce
5/1/2003
Committee Report (Substituted)


DIGEST 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.
C.S.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

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

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.