87R12154 DRS-F
By: Rodriguez H.B. No. 3358
A BILL TO BE ENTITLED
AN ACT
relating to prohibited retaliation against residential tenants by
landlords.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.331(b), Property Code, is amended to
read as follows:
(b) A landlord may not, because [within six months after the
date] of the tenant's action under Subsection (a), retaliate
against the tenant by:
(1) filing an eviction proceeding, except for the
grounds stated by Section 92.332;
(2) depriving the tenant of the use of the premises,
except for reasons authorized by law;
(3) decreasing services to the tenant;
(4) increasing the tenant's rent or terminating the
tenant's lease; or
(5) engaging, in bad faith, in a course of conduct that
materially interferes with the tenant's rights under the tenant's
lease.
SECTION 2. Section 94.251, Property Code, is amended to
read as follows:
Sec. 94.251. RETALIATION BY LANDLORD. (a) A landlord may
not retaliate against a tenant by taking an action described by
Subsection (b) because the tenant:
(1) in good faith exercises or attempts to exercise
against a landlord a right or remedy granted to the tenant by the
lease agreement, a municipal ordinance, or a federal or state
statute;
(2) gives the landlord a notice to repair or exercise a
remedy under this chapter; [or]
(3) complains to a governmental entity responsible for
enforcing building or housing codes, a public utility, or a civic or
nonprofit agency, and the tenant:
(A) claims a building or housing code violation
or utility problem; and
(B) believes in good faith that the complaint is
valid and that the violation or problem occurred; or
(4) establishes, attempts to establish, or
participates in a tenant organization.
(b) A landlord may not, because [within six months after the
date] of the tenant's action under Subsection (a), retaliate
against the tenant by:
(1) filing an eviction proceeding, except for the
grounds stated by Subchapter E;
(2) depriving the tenant of the use of the premises,
except for reasons authorized by law;
(3) decreasing services to the tenant;
(4) increasing the tenant's rent;
(5) terminating the tenant's lease agreement; or
(6) engaging, in bad faith, in a course of conduct that
materially interferes with the tenant's rights under the tenant's
lease agreement.
SECTION 3. This Act takes effect September 1, 2021.