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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited retaliation against residential tenants by |
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landlords. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.331(b), Property Code, is amended to |
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read as follows: |
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(b) A landlord may not, because [within six months after the |
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date] of the tenant's action under Subsection (a), retaliate |
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against the tenant by: |
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(1) filing an eviction proceeding, except for the |
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grounds stated by Section 92.332; |
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(2) depriving the tenant of the use of the premises, |
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except for reasons authorized by law; |
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(3) decreasing services to the tenant; |
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(4) increasing the tenant's rent or terminating the |
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tenant's lease; or |
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(5) engaging, in bad faith, in a course of conduct that |
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materially interferes with the tenant's rights under the tenant's |
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lease. |
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SECTION 2. Section 94.251, Property Code, is amended to |
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read as follows: |
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Sec. 94.251. RETALIATION BY LANDLORD. (a) A landlord may |
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not retaliate against a tenant by taking an action described by |
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Subsection (b) because the tenant: |
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(1) in good faith exercises or attempts to exercise |
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against a landlord a right or remedy granted to the tenant by the |
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lease agreement, a municipal ordinance, or a federal or state |
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statute; |
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(2) gives the landlord a notice to repair or exercise a |
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remedy under this chapter; [or] |
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(3) complains to a governmental entity responsible for |
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enforcing building or housing codes, a public utility, or a civic or |
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nonprofit agency, and the tenant: |
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(A) claims a building or housing code violation |
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or utility problem; and |
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(B) believes in good faith that the complaint is |
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valid and that the violation or problem occurred; or |
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(4) establishes, attempts to establish, or |
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participates in a tenant organization. |
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(b) A landlord may not, because [within six months after the |
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date] of the tenant's action under Subsection (a), retaliate |
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against the tenant by: |
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(1) filing an eviction proceeding, except for the |
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grounds stated by Subchapter E; |
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(2) depriving the tenant of the use of the premises, |
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except for reasons authorized by law; |
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(3) decreasing services to the tenant; |
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(4) increasing the tenant's rent; |
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(5) terminating the tenant's lease agreement; or |
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(6) engaging, in bad faith, in a course of conduct that |
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materially interferes with the tenant's rights under the tenant's |
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lease agreement. |
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SECTION 3. This Act takes effect September 1, 2021. |