Texas 2009 - 81st Regular

Texas House Bill HB882 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 882
2	2
3	3
4	4	AN ACT
5	5	relating to a residential tenant's rights and remedies after
6	6	certain unlawful conduct.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 92.008(b), Property Code, is amended to
9	9	read as follows:
10	10	(b) A [Except as provided by Subsections (c) and (d), a]
11	11	landlord may not interrupt or cause the interruption of water,
12	12	wastewater, gas, or electric service furnished to a tenant by the
13	13	landlord as an incident of the tenancy or by other agreement unless
14	14	the interruption results from bona fide repairs, construction, or
15	15	an emergency.
16	16	SECTION 2. Subchapter A, Chapter 92, Property Code, is
17	17	amended by adding Section 92.0091 to read as follows:
18	18	Sec. 92.0091. RESIDENTIAL TENANT'S RIGHT OF RESTORATION
19	19	AFTER UNLAWFUL UTILITY DISCONNECTION. (a) If a landlord has
20	20	interrupted utility service in violation of Section 92.008, the
21	21	tenant may obtain relief as provided by this section.
22	22	(b) The tenant must file with the justice court in the
23	23	precinct in which the rental premises are located a sworn complaint
24	24	specifying the facts of the alleged unlawful utility disconnection
25	25	by the landlord or the landlord's agent. The tenant must also state
26	26	orally under oath to the justice the facts of the alleged unlawful
27	27	utility disconnection.
28	28	(c) If the tenant has complied with Subsection (b) and if
29	29	the justice reasonably believes an unlawful utility disconnection
30	30	has likely occurred, the justice may issue, ex parte, a writ of
31	31	restoration of utility service that entitles the tenant to
32	32	immediate and temporary restoration of the disconnected utility
33	33	service, pending a final hearing on the tenant's sworn complaint.
34	34	(d) The writ of restoration of utility service must be
35	35	served on either the landlord or the landlord's management company,
36	36	on-premises manager, or rent collector in the same manner as a writ
37	37	of possession in a forcible detainer suit.
38	38	(e) The landlord is entitled to a hearing on the tenant's
39	39	sworn complaint for restoration of utility service. The writ of
40	40	restoration of utility service must notify the landlord of the
41	41	right to a hearing. The hearing shall be held not earlier than the
42	42	first day and not later than the seventh day after the date the
43	43	landlord requests a hearing.
44	44	(f) If the landlord fails to request a hearing on the
45	45	tenant's sworn complaint for restoration of utility service before
46	46	the eighth day after the date of service of the writ of restoration
47	47	of utility service on the landlord under Subsection (d), a judgment
48	48	for court costs may be rendered against the landlord.
49	49	(g) A party may appeal from the court's judgment at the
50	50	hearing on the sworn complaint for restoration of utility service
51	51	in the same manner as a party may appeal a judgment in a forcible
52	52	detainer suit.
53	53	(h) If a writ of possession is issued, it supersedes a writ
54	54	of restoration of utility service.
55	55	(i) If the landlord or the person on whom a writ of
56	56	restoration of utility service is served fails to immediately
57	57	comply with the writ or later disobeys the writ, the failure is
58	58	grounds for contempt of court against the landlord or the person on
59	59	whom the writ was served under Section 21.002, Government Code. If
60	60	the writ is disobeyed, the tenant or the tenant's attorney may file
61	61	in the court in which the action is pending an affidavit stating the
62	62	name of the person who has disobeyed the writ and describing the
63	63	acts or omissions constituting the disobedience. On receipt of an
64	64	affidavit, the justice shall issue a show cause order, directing
65	65	the person to appear on a designated date and show cause why the
66	66	person should not be adjudged in contempt of court. If the justice
67	67	finds, after considering the evidence at the hearing, that the
68	68	person has directly or indirectly disobeyed the writ, the justice
69	69	may commit the person to jail without bail until the person purges
70	70	the contempt action or omission in a manner and form as the justice
71	71	may direct. If the person disobeyed the writ before receiving the
72	72	show cause order but has complied with the writ after receiving the
73	73	order, the justice may find the person in contempt and assess
74	74	punishment under Section 21.002(c), Government Code.
75	75	(j) If a tenant in bad faith files a sworn complaint for
76	76	restoration of utility service resulting in a writ being served on
77	77	the landlord or landlord's agent, the landlord may in a separate
78	78	cause of action recover from the tenant an amount equal to actual
79	79	damages, one month's rent or $500, whichever is greater, reasonable
80	80	attorney's fees, and costs of court, less any sums for which the
81	81	landlord is liable to the tenant.
82	82	(k) The fee for filing a sworn complaint for restoration of
83	83	utility service is the same as that for filing a civil action in
84	84	justice court. The fee for service of a writ of restoration of
85	85	utility service is the same as that for service of a writ of
86	86	possession. The fee for service of a show cause order is the same as
87	87	that for service of a civil citation. The justice may defer payment
88	88	of the tenant's filing fees and service costs for the sworn
89	89	complaint for restoration of utility service and writ of
90	90	restoration of utility service. Court costs may be waived only if
91	91	the tenant executes a pauper's affidavit.
92	92	SECTION 3. Sections 92.008(c), (d), and (e), Property Code,
93	93	are repealed.
94	94	SECTION 4. Section 92.0091, Property Code, as added by this
95	95	Act, applies only to a violation of Section 92.008, Property Code,
96	96	as amended by this Act, on or after the effective date of this Act or
97	97	a violation of Section 92.008, Property Code, as that section
98	98	existed immediately before the effective date of this Act, that
99	99	continues on or after the effective date of this Act. A violation
100	100	that occurred before the effective date of this Act and does not
101	101	continue after the effective date of this Act is covered by the law
102	102	in effect at the time the violation occurred, and the former law is
103	103	continued in effect for that purpose.
104	104	SECTION 5. This Act takes effect January 1, 2010.
105	105	______________________________ ______________________________
106	106	President of the Senate Speaker of the House
107	107	I certify that H.B. No. 882 was passed by the House on May 4,
108	108	2009, by the following vote: Yeas 130, Nays 10, 1 present, not
109	109	voting; that the House refused to concur in Senate amendments to
110	110	H.B. No. 882 on May 29, 2009, and requested the appointment of a
111	111	conference committee to consider the differences between the two
112	112	houses; and that the House adopted the conference committee report
113	113	on H.B. No. 882 on May 31, 2009, by the following vote: Yeas 140,
114	114	Nays 1, 1 present, not voting.
115	115	______________________________
116	116	Chief Clerk of the House
117	117	I certify that H.B. No. 882 was passed by the Senate, with
118	118	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
119	119	0; at the request of the House, the Senate appointed a conference
120	120	committee to consider the differences between the two houses; and
121	121	that the Senate adopted the conference committee report on H.B. No.
122	122	882 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
123	123	______________________________
124	124	Secretary of the Senate
125	125	APPROVED: __________________
126	126	Date
127	127	__________________
128	128	Governor