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A BILL TO BE ENTITLED
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AN ACT
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relating to a residential tenant's right of restoration of |
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utilities after certain unlawful conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.008(b), Property Code, is amended to |
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read as follows: |
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(b) A [Except as provided by Subsections (c) and (d), a] |
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landlord may not interrupt or cause the interruption of water, |
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wastewater, gas, or electric service furnished to a tenant by the |
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landlord as an incident of the tenancy or by other agreement unless |
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the interruption results from bona fide repairs, construction, or |
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an emergency. |
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SECTION 2. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.0091 to read as follows: |
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Sec. 92.0091. RESIDENTIAL TENANT'S RIGHT OF RESTORATION |
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AFTER UNLAWFUL UTILITY DISCONNECTION. (a) If a landlord has |
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interrupted utility service in violation of Section 92.008, the |
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tenant may obtain relief as provided by this section. |
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(b) The tenant must file with the justice court in the |
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precinct in which the rental premises are located a sworn complaint |
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specifying the facts of the alleged unlawful utility disconnection |
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by the landlord or the landlord's agent. The tenant must also state |
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orally under oath to the justice the facts of the alleged unlawful |
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utility disconnection. |
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(c) If the tenant has complied with Subsection (b) and if |
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the justice reasonably believes an unlawful utility disconnection |
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has likely occurred, the justice may issue, ex parte, a writ of |
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restoration of utility service that entitles the tenant to |
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immediate and temporary restoration of the disconnected utility |
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service, pending a final hearing on the tenant's sworn complaint. |
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(d) The writ of restoration of utility service must be |
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served on either the landlord or the landlord's management company, |
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on-premises manager, or rent collector in the same manner as a writ |
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of possession in a forcible detainer suit. |
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(e) The landlord is entitled to a hearing on the tenant's |
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sworn complaint for restoration of utility service. The writ of |
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restoration of utility service must notify the landlord of the |
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right to a hearing. The hearing shall be held not earlier than the |
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first day and not later than the seventh day after the date the |
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landlord requests a hearing. |
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(f) If the landlord fails to request a hearing on the |
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tenant's sworn complaint for restoration of utility service before |
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the eighth day after the date of service of the writ of restoration |
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of utility service on the landlord under Subsection (d), a judgment |
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for court costs may be rendered against the landlord. |
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(g) A party may appeal from the court's judgment at the |
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hearing on the sworn complaint for restoration of utility service |
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in the same manner as a party may appeal a judgment in a forcible |
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detainer suit. |
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(h) If a writ of possession is issued, it supersedes a writ |
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of restoration of utility service. |
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(i) If the landlord or the person on whom a writ of |
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restoration of utility service is served fails to immediately |
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comply with the writ or later disobeys the writ, the failure is |
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grounds for contempt of court against the landlord or the person on |
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whom the writ was served under Section 21.002, Government Code. If |
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the writ is disobeyed, the tenant or the tenant's attorney may file |
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in the court in which the action is pending an affidavit stating the |
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name of the person who has disobeyed the writ and describing the |
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acts or omissions constituting the disobedience. On receipt of an |
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affidavit, the justice shall issue a show cause order, directing |
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the person to appear on a designated date and show cause why the |
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person should not be adjudged in contempt of court. If the justice |
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finds, after considering the evidence at the hearing, that the |
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person has directly or indirectly disobeyed the writ, the justice |
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may commit the person to jail without bail until the person purges |
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the contempt action or omission in a manner and form as the justice |
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may direct. If the person disobeyed the writ before receiving the |
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show cause order but has complied with the writ after receiving the |
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order, the justice may find the person in contempt and assess |
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punishment under Section 21.002(c), Government Code. |
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(j) If a tenant in bad faith files a sworn complaint for |
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restoration of utility service resulting in a writ being served on |
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the landlord or landlord's agent, the landlord may in a separate |
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cause of action recover from the tenant an amount equal to actual |
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damages, one month's rent or $500, whichever is greater, reasonable |
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attorney's fees, and costs of court, less any sums for which the |
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landlord is liable to the tenant. |
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(k) The fee for filing a sworn complaint for restoration of |
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utility service is the same as that for filing a civil action in |
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justice court. The fee for service of a writ of restoration of |
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utility service is the same as that for service of a writ of |
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possession. The fee for service of a show cause order is the same as |
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that for service of a civil citation. The justice may defer payment |
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of the tenant's filing fees and service costs for the sworn |
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complaint for restoration of utility service and writ of |
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restoration of utility service. Court costs may be waived only if |
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the tenant executes a pauper's affidavit. |
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SECTION 3. Sections 92.008(c), (d), and (e), Property Code, |
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are repealed. |
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SECTION 4. Section 92.0091, Property Code, as added by this |
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Act, applies only to a violation of Section 92.008, Property Code, |
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as amended by this Act, on or after the effective date of this Act or |
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a violation of Section 92.008, Property Code, as that section |
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existed immediately before the effective date of this Act, that |
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continues on or after the effective date of this Act. A violation |
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that occurred before the effective date of this Act and does not |
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continue after the effective date of this Act is covered by the law |
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in effect at the time the violation occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect January 1, 2010. |