By:  West                                                         S.B. No. 92 


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 in response to family 
violence.
	(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)  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.
	(e)  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.