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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of access to a dwelling by a landlord to a |
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cotenant or occupant who commits certain offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.01611 to read as follows: |
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Sec. 92.01611. PROVIDING CERTAIN OFFENDERS ACCESS TO |
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DWELLING PROHIBITED. (a) In this section, "occupant" has the |
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meaning assigned by Section 92.016. |
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(b) A landlord who rekeys or changes a security device for a |
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tenant's dwelling at the request of the tenant under Section |
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92.156(b) may not provide a key, code, or other means of access to |
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the dwelling to a cotenant or occupant of the dwelling if the |
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tenant: |
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(1) is entitled to vacate the dwelling under Section |
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92.016 or 92.0161; |
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(2) chooses to not vacate the dwelling; and |
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(3) provides the landlord or the landlord's agent a |
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copy of a court order granting the tenant possession of the dwelling |
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to the exclusion of the cotenant or occupant because the cotenant or |
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occupant committed family violence, as defined by Section 71.004, |
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Family Code, or an offense described by Section 92.0161 against the |
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tenant or a child or ward of the tenant. |
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(c) This section does not release a cotenant from liability |
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or obligations under the rental agreement. |
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SECTION 2. Section 92.165, Property Code, is amended to |
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read as follows: |
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Sec. 92.165. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS. |
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If a landlord does not comply with a tenant's request regarding |
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rekeying, changing, adding, repairing, or replacing a security |
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device under Section 92.156(b), 92.157, or 92.158 in accordance |
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with the time limits and other requirements of this subchapter or |
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violates Section 92.01611, the tenant may: |
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(1) install, repair, change, replace, or rekey the |
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security devices as required by this subchapter and deduct the |
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reasonable cost of material, labor, taxes, and extra keys from the |
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tenant's next rent payment in accordance with Section 92.166; |
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(2) unilaterally terminate the lease without court |
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proceedings; and |
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(3) file suit against the landlord and obtain a |
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judgment for: |
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(A) a court order directing the landlord to |
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comply, if the tenant is in possession of the dwelling; |
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(B) the tenant's actual damages; |
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(C) punitive damages if the tenant suffers actual |
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damages and the landlord's failure to comply is intentional, |
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malicious, or grossly negligent; |
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(D) a [civil] penalty of one month's rent plus |
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$500; |
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(E) court costs; and |
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(F) attorney's fees except in suits for recovery |
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of property damages, personal injuries, or wrongful death. |
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SECTION 3. This Act takes effect September 1, 2023. |