81R22282 UM-D
By: Rodriguez, Thompson H.B. No. 882
Substitute the following for H.B. No. 882:
By: Gattis C.S.H.B. No. 882
A BILL TO BE ENTITLED
AN ACT
relating to a residential tenant's right of restoration of
utilities after certain unlawful conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.008(b), Property Code, is amended to
read as follows:
(b) A [Except as provided by Subsections (c) and (d), a]
landlord may not interrupt or cause the interruption of water,
wastewater, gas, or electric service furnished to a tenant by the
landlord as an incident of the tenancy or by other agreement unless
the interruption results from bona fide repairs, construction, or
an emergency.
SECTION 2. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0091 to read as follows:
Sec. 92.0091. RESIDENTIAL TENANT'S RIGHT OF RESTORATION
AFTER UNLAWFUL UTILITY DISCONNECTION. (a) If a landlord has
interrupted utility service in violation of Section 92.008, the
tenant may obtain relief 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
specifying the facts of the alleged unlawful utility disconnection
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
utility disconnection.
(c) If the tenant has complied with Subsection (b) and if
the justice reasonably believes an unlawful utility disconnection
has likely occurred, the justice may issue, ex parte, a writ of
restoration of utility service that entitles the tenant to
immediate and temporary restoration of the disconnected utility
service, pending a final hearing on the tenant's sworn complaint.
(d) The writ of restoration of utility service 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 suit.
(e) The landlord is entitled to a hearing on the tenant's
sworn complaint for restoration of utility service. The writ of
restoration of utility service 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 of utility service before
the eighth day after the date of service of the writ of restoration
of utility service 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 of utility service
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 of utility service.
(i) If the landlord or the person on whom a writ of
restoration of utility service 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 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 the
person 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
the contempt action or omission 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.
(j) If a tenant in bad faith files a sworn complaint for
restoration of utility service resulting in a writ 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.
(k) The fee for filing a sworn complaint for restoration of
utility service is the same as that for filing a civil action in
justice court. The fee for service of a writ of restoration of
utility service 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 of utility service and writ of
restoration of utility service. Court costs may be waived only if
the tenant executes a pauper's affidavit.
SECTION 3. Sections 92.008(c), (d), and (e), Property Code,
are repealed.
SECTION 4. Section 92.0091, Property Code, as added by this
Act, applies only to a violation of Section 92.008, Property Code,
as amended by this Act, on or after the effective date of this Act or
a violation of Section 92.008, Property Code, as that section
existed immediately before the effective date of this Act, that
continues on or after the effective date of this Act. A violation
that occurred before the effective date of this Act and does not
continue after 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 5. This Act takes effect January 1, 2010.