81R4742 UM-F
By: Rodriguez H.B. No. 882
A BILL TO BE ENTITLED
AN ACT
relating to a residential tenant's right of restoration after
certain unlawful conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 92.009, Property Code, is
amended to read as follows:
Sec. 92.009. RESIDENTIAL TENANT'S RIGHT OF RESTORATION
[REENTRY] AFTER CERTAIN UNLAWFUL CONDUCT [LOCKOUT].
SECTION 2. Sections 92.009(a) through (i), (k), and (l),
Property Code, are amended to read as follows:
(a) If a landlord has locked a tenant out of leased premises
in violation of Section 92.0081, interrupted a utility service in
violation of Section 92.008, removed a door, window, or appliance
in violation of Section 92.0081(a), or violated another provision
of Section 92.0081, the tenant may obtain relief [recover
possession of the premises] as provided by this section.
(b) The tenant must file with the justice court in the
precinct in which the rental premises are located a sworn complaint
for restoration [reentry], specifying the facts of the alleged
unlawful conduct [lockout] by the landlord or the landlord's agent.
The tenant must also state orally under oath to the justice the
facts of the alleged unlawful conduct [lockout].
(c) If the tenant has complied with Subsection (b) and if
the justice reasonably believes [an] unlawful conduct [lockout] has
likely occurred, the justice may issue, ex parte, a writ of
restoration [reentry] that entitles the tenant to immediate and
temporary possession of the premises and the restoration of the
utility service, appliance, or premises to the condition that
existed prior to the alleged unlawful conduct, as appropriate,
pending a final hearing on the tenant's sworn complaint for
restoration [reentry].
(d) The writ of restoration [reentry] must be served on
either the landlord or the landlord's management company,
on-premises manager, or rent collector in the same manner as a writ
of possession in a forcible detainer action. A sheriff or constable
may use reasonable force in executing a writ of restoration
[reentry] under this section.
(e) The landlord is entitled to a hearing on the tenant's
sworn complaint for restoration [reentry]. The writ of restoration
[reentry] must notify the landlord of the right to a hearing. The
hearing shall be held not earlier than the first day and not later
than the seventh day after the date the landlord requests a hearing.
(f) If the landlord fails to request a hearing on the
tenant's sworn complaint for restoration [reentry] before the
eighth day after the date of service of the writ of restoration
[reentry] on the landlord under Subsection (d), a judgment for
court costs may be rendered against the landlord.
(g) A party may appeal from the court's judgment at the
hearing on the sworn complaint for restoration [reentry] in the
same manner as a party may appeal a judgment in a forcible detainer
suit.
(h) If a writ of possession is issued, it supersedes a writ
of restoration [reentry].
(i) If the landlord or the person on whom a writ of
restoration [reentry] is served fails to immediately comply with
the writ or later disobeys the writ, the failure is grounds for
contempt of court against the landlord or the person on whom the
writ was served, under Section 21.002, Government Code. If the writ
is disobeyed, the tenant or the tenant's attorney may file in the
court in which the restoration [reentry] action is pending an
affidavit stating the name of the person who has disobeyed the writ
and describing the acts or omissions constituting the disobedience.
On receipt of an affidavit, the justice shall issue a show cause
order, directing the person to appear on a designated date and show
cause why he should not be adjudged in contempt of court. If the
justice finds, after considering the evidence at the hearing, that
the person has directly or indirectly disobeyed the writ, the
justice may commit the person to jail without bail until the person
purges himself of the contempt in a manner and form as the justice
may direct. If the person disobeyed the writ before receiving the
show cause order but has complied with the writ after receiving the
order, the justice may find the person in contempt and assess
punishment under Section 21.002(c), Government Code.
(k) If a tenant in bad faith files a sworn complaint for
restoration [reentry] resulting in a writ of restoration [reentry]
being served on the landlord or landlord's agent, the landlord may
in a separate cause of action recover from the tenant an amount
equal to actual damages, one month's rent or $500, whichever is
greater, reasonable attorney's fees, and costs of court, less any
sums for which the landlord is liable to the tenant.
(l) The fee for filing a sworn complaint for restoration
[reentry] is the same as that for filing a civil action in justice
court. The fee for service of a writ of restoration [reentry] is
the same as that for service of a writ of possession. The fee for
service of a show cause order is the same as that for service of a
civil citation. The justice may defer payment of the tenant's
filing fees and service costs for the sworn complaint for
restoration [reentry] and writ of restoration [reentry]. Court
costs may be waived only if the tenant executes a pauper's
affidavit.
SECTION 3. This Act applies only to a violation that occurs
or continues to occur on or after the effective date of this Act. A
violation that occurred before the effective date of this Act is
covered by the law in effect at the time the violation occurred, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2009.