By: Rodriguez of Travis H.B. No. 1086
A BILL TO BE ENTITLED
AN ACT
relating to interruption of electric service by a residential
landlord.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.008, Property Code, is amended by
amending Subsections (b) and (f) and adding Subsections (h), (i),
(j), (k), (l), (m), and (n), (o), (p), and (q) to read as follows:
(b) Except as provided by this section, a [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.
(f) If a landlord or a landlord's agent violates this
section, the tenant may:
(1) either recover possession of the premises or
terminate the lease; and
(2) in addition to other remedies available under law,
recover from the landlord an amount equal to the sum of the tenant's
actual damages, one month's rent or $500 plus $1,000 whichever is
greater
delinquent rents or other sums for which the tenant is liable to the
landlord.
(h) Subject to Subsections (i), (j), (k), (m), and (o), a
landlord who submeters or allocates or prorates nonsubmetered
master metered electricity may interrupt or cause the interruption
of electric service for nonpayment by the tenant of electric bill
issued to the tenant if:
(1) the landlord's right to interrupt electric service
is in the written lease;
(2) the tenant's electric bill is not paid on or before
the 12th day after the date the electric bill is issued;
(3) advance written notice of the proposed termination
is delivered to the tenant by mail or hand delivery separately from
any other written content that:
(A) prominently displays the words "electricity
termination notice" or similar language either underlined or in
bold;
(B) includes:
(i) the date on which the electric service
will be interrupted;
(ii) a location where the tenant may go
during the landlord's normal business hours to make arrangements to
pay the bill to avoid interruption of electric service;
(iii) the amount that must be paid to avoid
interruption of electric service; and
(iv) that when the tenant makes a payment to
avoid interruption of electric service, the landlord may not apply
that payment to rent or other amounts owed under the lease;
(v) that the landlord may not evict a tenant
for failure to pay an electric bill when the landlord has
interrupted the tenant's electric service unless the tenant fails
to pay for the electric service after two days of the interruption,
not including weekends or state and federal holidays; and
(vi) a description of the tenant's rights
under Subsection (j) to avert interruption of service if the
interruption will cause a person residing in the tenant's dwelling
to become seriously ill or more seriously ill; and
(C) is delivered not earlier than the first day
after the bill is past due or later than the fifth day before the
interruption date stated in the notice; and
(4) If a landlord interrupts or causes the
interruption of electric service of the leased premises pursuant to
this subsection, the landlord, at the same time, delivers a written
notice by hand delivery or placing it on the tenant's front door
that:
(A) prominently displays the words "electricity
termination notice" or similar language either underlined or in
bold;
(B) includes:
(i) the date the electric service has been
interrupted;
(ii) a location where the tenant may go
during the landlord's normal business hours to make arrangements to
pay the bill to reestablish interruption of electric service;
(iii) the amount that must be paid to
reestablish electric service;
(iv) that when the tenant makes a payment to
reestablish electric service, a landlord may not apply that payment
to rent or any other amounts owed under the lease;
(v) that the landlord may not evict a tenant
for failure to pay an electric bill when the landlord has
interrupted the tenant's electric service unless the tenant fails
to pay for the electric service after two days of the interruption,
not including weekends or state and federal holidays; and
(vi) a description of the tenant's rights
under Subsection (j) to avert interruption of service if the
interruption will cause a person residing in the tenant's dwelling
to become seriously ill or more seriously ill.
(i) Unless a dangerous condition exists or the tenant
requests disconnection, a landlord may not interrupt or cause the
interruption of electric service under Subsection (h) on a day:
(1) on which the landlord or a representative of the
landlord is not available to collect electric bill payments and
reestablish electric service;
(2) that immediately precedes a day described by
Subdivision (1); or
(3) on which:
(A) the previous day's highest temperature did
not exceed 32 degrees Fahrenheit and the temperature is predicted
to remain at or below that level for the next 24 hours according to
the nearest National Weather Service reports; or
(B) the National Weather Service issues a heat
advisory for a county in which the premises is located or has issued
such an advisory on one of the two preceding days.
(j) A landlord may not interrupt or cause the interruption
of electric service under Subsection (h) of a tenant who, before the
interruption date specified in the notice required by Subsection
(h)(3), has:
(1) established that the interruption will cause a
person residing in the tenant's dwelling to become seriously ill or
more seriously ill by having a physician, nurse, nurse
practitioner, or other similar licensed health care practitioner
attending to the person who is or may become ill provide a written
statement to the landlord or a representative of the landlord
stating that the person will become seriously ill or more seriously
ill if the electric service is interrupted; and
(2) entered into a deferred payment plan that complies
with Subsection (l).
(k) If a tenant has established, in accordance with
Subsection (j), the circumstances necessary to avoid electric
service interruption under that subsection, the landlord may not
interrupt or cause the interruption of the tenant's electric
service under Subsection (h) before:
(1) the 63rd day after the date those circumstances
are established; or
(2) an earlier date agreed to by the landlord and the
tenant.
(l) A deferred payment plan for the purposes of this section
must be in writing. The deferred payment plan must allow the tenant
to pay the outstanding electric bill in installments that extend
beyond the due date of the next electric bill and must provide that
the delinquent amount may be paid in equal installments over a
period equal to at least three electric service billing cycles.
(m) A landlord may not interrupt or cause the interruption
of electric service under Subsection (h) to a tenant who receives
energy assistance for a billing period during which the landlord
receives a pledge, letter of intent, purchase order, or other
notification that the energy assistance provider is forwarding
sufficient payment to continue the electric service.
(n) Upon payment of a delinquent electric bill or entry into
a deferred payment plan during normal business hours, the landlord
shall reconnect the tenant's electric service within two hours of
payment or entry into the deferred payment plan.
(o) A landlord may not interrupt or cause the interruption
of electric service under Subsection (h) for any of the following
reasons:
(1) a delinquency in payment for electric service
furnished to a previous tenant;
(2) failure to pay non-electric bills, rent, or other
fees;
(3) failure to pay electric bills that are six or more
months delinquent; and
(4) failure to pay an electric bill disputed by the
tenant, unless the landlord has conducted an investigation as shall
be required by the particular case, and has reported the results in
writing to the tenant.
(p) A landlord who provides notice in accordance with
Subsection (h) may not apply a payment made by a tenant to avoid
interruption of utilities or reestablish electric service to rent
or any other amounts owed under the lease.
(q) The landlord may not evict a tenant for failure to pay an
electric bill when the landlord has interrupted the tenant's
electric service under Subsection (h) unless the tenant fails to
pay for the electric service after two days of the interruption, not
including weekends or state and federal holidays.
(r) A reconnect fee may be applied if electric service to
the tenant is disconnected for nonpayment of bills in accordance
with (h) of this section. Such reconnect fee shall be calculated
based on the average cost to the owner for the expenses associated
with the reconnection, but under no circumstances shall exceed $10.
No reconnect charge may be applied unless agreed to by the tenant in
a written lease which states the exact dollar amount of such
reconnect charge. No fees may be applied to a deferred payment plan
under this section.
SECTION 2. The change in law made by this Act applies only
to an electric bill that becomes delinquent on or after the
effective date of this Act. An electric bill that becomes
delinquent before the effective date of this Act is governed by the
law applicable to the delinquency immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2013.