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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 after |
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certain unlawful conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 92.009, Property Code, is |
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amended to read as follows: |
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Sec. 92.009. RESIDENTIAL TENANT'S RIGHT OF RESTORATION |
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[REENTRY] AFTER CERTAIN UNLAWFUL CONDUCT [LOCKOUT]. |
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SECTION 2. Sections 92.009(a) through (i), (k), and (l), |
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Property Code, are amended to read as follows: |
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(a) If a landlord has locked a tenant out of leased premises |
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in violation of Section 92.0081, interrupted a utility service in |
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violation of Section 92.008, removed a door, window, or appliance |
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in violation of Section 92.0081(a), or violated another provision |
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of Section 92.0081, the tenant may obtain relief [recover
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possession of the premises] 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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for restoration [reentry], specifying the facts of the alleged |
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unlawful conduct [lockout] by the landlord or the landlord's agent. |
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The tenant must also state orally under oath to the justice the |
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facts of the alleged unlawful conduct [lockout]. |
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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 conduct [lockout] has |
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likely occurred, the justice may issue, ex parte, a writ of |
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restoration [reentry] that entitles the tenant to immediate and |
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temporary possession of the premises and the restoration of the |
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utility service, appliance, or premises to the condition that |
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existed prior to the alleged unlawful conduct, as appropriate, |
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pending a final hearing on the tenant's sworn complaint for |
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restoration [reentry]. |
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(d) The writ of restoration [reentry] must be served on |
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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 action. A sheriff or constable |
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may use reasonable force in executing a writ of restoration |
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[reentry] under this section. |
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(e) The landlord is entitled to a hearing on the tenant's |
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sworn complaint for restoration [reentry]. The writ of restoration |
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[reentry] must notify the landlord of the right to a hearing. The |
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hearing shall be held not earlier than the first day and not later |
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than the seventh day after the date the 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 [reentry] before the |
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eighth day after the date of service of the writ of restoration |
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[reentry] on the landlord under Subsection (d), a judgment for |
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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 [reentry] in the |
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same manner as a party may appeal a judgment in a forcible detainer |
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suit. |
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(h) If a writ of possession is issued, it supersedes a writ |
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of restoration [reentry]. |
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(i) If the landlord or the person on whom a writ of |
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restoration [reentry] is served fails to immediately comply with |
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the writ or later disobeys the writ, the failure is grounds for |
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contempt of court against the landlord or the person on whom the |
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writ was served, under Section 21.002, Government Code. If the writ |
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is disobeyed, the tenant or the tenant's attorney may file in the |
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court in which the restoration [reentry] action is pending an |
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affidavit stating the name of the person who has disobeyed the writ |
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and describing the acts or omissions constituting the disobedience. |
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On receipt of an affidavit, the justice shall issue a show cause |
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order, directing the person to appear on a designated date and show |
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cause why he should not be adjudged in contempt of court. If the |
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justice finds, after considering the evidence at the hearing, that |
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the person has directly or indirectly disobeyed the writ, the |
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justice may commit the person to jail without bail until the person |
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purges himself of the contempt 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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(k) If a tenant in bad faith files a sworn complaint for |
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restoration [reentry] resulting in a writ of restoration [reentry] |
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being served on the landlord or landlord's agent, the landlord may |
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in a separate cause of action recover from the tenant an amount |
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equal to actual damages, one month's rent or $500, whichever is |
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greater, reasonable attorney's fees, and costs of court, less any |
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sums for which the landlord is liable to the tenant. |
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(l) The fee for filing a sworn complaint for restoration |
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[reentry] is the same as that for filing a civil action in justice |
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court. The fee for service of a writ of restoration [reentry] is |
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the same as that for service of a writ of possession. The fee for |
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service of a show cause order is the same as that for service of a |
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civil citation. The justice may defer payment of the tenant's |
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filing fees and service costs for the sworn complaint for |
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restoration [reentry] and writ of restoration [reentry]. Court |
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costs may be waived only if the tenant executes a pauper's |
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affidavit. |
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SECTION 3. This Act applies only to a violation that occurs |
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or continues to occur on or after the effective date of this Act. A |
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violation that occurred before the effective date of this Act is |
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covered by the law in effect at the time the violation occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |