By: Anderson of Dallas (Senate Sponsor - Eltife) H.B. No. 2404
(In the Senate - Received from the House May 18, 2015;
May 18, 2015, read first time and referred to Committee on Business
and Commerce; May 22, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2404 By: Eltife
A BILL TO BE ENTITLED
AN ACT
relating to certain security devices for residential tenancies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.156, Property Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) Except as otherwise provided by Subsection (e), a [A]
security device operated by a key, card, or combination shall be
rekeyed by the landlord at the landlord's expense not later than the
seventh day after each tenant turnover date.
(e) If a tenant vacates the premises in breach of a written
lease, the landlord may deduct from the tenant's security deposit
the reasonable cost incurred by the landlord to rekey a security
device as required by this section only if the lease includes a
provision that is underlined or printed in boldface type
authorizing the deduction.
SECTION 2. Section 92.157(a), Property Code, is amended to
read as follows:
(a) At a tenant's request made at any time, a landlord, at
the tenant's expense, shall install:
(1) a keyed dead bolt on an exterior door if the door
has:
(A) a doorknob lock but not a keyed dead bolt; or
(B) a keyless bolting device but not a keyed dead
bolt or doorknob lock; and
(2) a sliding door handle latch [pin lock] or sliding
door security bar if the door is an exterior sliding glass door
without a sliding door handle latch [pin lock] or sliding door
security bar.
SECTION 3. Section 92.1641, Property Code, is amended to
read as follows:
Sec. 92.1641. LANDLORD'S DEFENSES RELATING TO INSTALLING OR
REKEYING CERTAIN SECURITY DEVICES. The landlord has a defense to
liability under Section 92.164 if:
(1) the tenant has not fully paid all rent then due
from the tenant on the date the tenant gives a request under
[Subsection (a) of] Section 92.157(c) [92.157] or the notice
required by Section 92.164; or
(2) on the date the tenant terminates the lease or
files suit the tenant has not fully paid costs requested by the
landlord and authorized by Section 92.162.
SECTION 4. The changes in law made by this Act apply only to
a lease entered into or renewed on or after the effective date of
this Act. A lease entered into or renewed before the effective date
of this Act is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 5. This Act takes effect September 1, 2015.
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