78R2158 KCR-D
By: Naishtat H.B. No. 1502
A BILL TO BE ENTITLED
AN ACT
relating to a residential tenant's right to summon police or
emergency assistance; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.015 to read as follows:
Sec. 92.015. TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY
ASSISTANCE. (a) A landlord may not:
(1) prohibit or limit a residential tenant's right to
summon police or other emergency assistance in response to family
violence; or
(2) impose monetary or other penalties on a tenant who
summons police or emergency assistance.
(b) A provision in a lease is void if the provision purports
to:
(1) waive a tenant's right to summon police or other
emergency assistance in response to family violence; or
(2) exempt any party from a liability or a duty under
this section.
(c) 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:
(1) a civil penalty in an amount equal to one month's
rent;
(2) actual damages suffered by the tenant as a result
of the landlord's violation of this section;
(3) court costs;
(4) injunctive relief; and
(5) reasonable attorney's fees incurred by the tenant
in seeking enforcement of this section.
(d) Nothing in this section prevents a landlord from filing
an eviction action against a tenant who fails to take reasonable
steps to prevent an unreasonable disturbance of another tenant's
quiet enjoyment.
(e) For purposes of this section, if a tenant's rent is
subsidized in whole or in part by a governmental entity, "one
month's rent" means one month's fair market rent.
(f) For purposes of this section, "family violence" has the
meaning assigned by Section 71.004, Family Code.
SECTION 2. A provision in a lease entered into or renewed
before the effective date of this Act that does not comply with
Section 92.015, Property Code, as added by this Act, is governed by
the law in effect immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.