Texas House Bill HB314

Texas 2021 - 87th Regular

Caption

Relating to the provision of access to a dwelling by a landlord to a cotenant or occupant who commits certain offenses.

Impact

The bill amends the Property Code by adding new provisions regarding the rekeying or changing of security devices at the dwelling. It highlights the importance of protecting victims of family violence by preventing their abusers from having continued access to their home. The landlord is required to comply with the stipulations concerning access and rekeying, which represents a shift toward more protective legislation in landlord-tenant dynamics in Texas. This legislative change supports tenants' rights and enhances their safety by giving them the ability to act without the fear of continued access by a perpetrator.

Summary

House Bill 314 addresses landlord-tenant relationships specifically regarding access to dwellings where a tenant has faced certain offenses, particularly relating to family violence. The bill establishes provisions that prohibit landlords from providing access to a cotenant or occupant who has committed specified offenses if the affected tenant retains possession of the dwelling under a court order. This measure is aimed at enhancing the safety and security of tenants who are victims of domestic violence by ensuring they do not have to share access with their abuser after a court decision has granted them exclusive rights to the dwelling.

Contention

While the bill aims to improve victim protections, there may be concerns regarding its implementation and the obligations placed on landlords, particularly regarding the verification of court orders. Landlords may express apprehension about the additional responsibilities and potential liabilities, particularly when it comes to processing requests for changes in access. Additionally, questions could arise on whether this law adequately balances the rights of cotenants with the need for safety concerning domestic violence incidents, making it a topic of discussion among legislators and community advocates.