| 1 | 1 | | 87R12154 DRS-F |
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| 2 | 2 | | By: Rodriguez H.B. No. 3358 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibited retaliation against residential tenants by |
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| 8 | 8 | | landlords. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 92.331(b), Property Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (b) A landlord may not, because [within six months after the |
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| 13 | 13 | | date] of the tenant's action under Subsection (a), retaliate |
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| 14 | 14 | | against the tenant by: |
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| 15 | 15 | | (1) filing an eviction proceeding, except for the |
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| 16 | 16 | | grounds stated by Section 92.332; |
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| 17 | 17 | | (2) depriving the tenant of the use of the premises, |
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| 18 | 18 | | except for reasons authorized by law; |
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| 19 | 19 | | (3) decreasing services to the tenant; |
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| 20 | 20 | | (4) increasing the tenant's rent or terminating the |
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| 21 | 21 | | tenant's lease; or |
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| 22 | 22 | | (5) engaging, in bad faith, in a course of conduct that |
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| 23 | 23 | | materially interferes with the tenant's rights under the tenant's |
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| 24 | 24 | | lease. |
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| 25 | 25 | | SECTION 2. Section 94.251, Property Code, is amended to |
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| 26 | 26 | | read as follows: |
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| 27 | 27 | | Sec. 94.251. RETALIATION BY LANDLORD. (a) A landlord may |
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| 28 | 28 | | not retaliate against a tenant by taking an action described by |
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| 29 | 29 | | Subsection (b) because the tenant: |
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| 30 | 30 | | (1) in good faith exercises or attempts to exercise |
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| 31 | 31 | | against a landlord a right or remedy granted to the tenant by the |
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| 32 | 32 | | lease agreement, a municipal ordinance, or a federal or state |
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| 33 | 33 | | statute; |
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| 34 | 34 | | (2) gives the landlord a notice to repair or exercise a |
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| 35 | 35 | | remedy under this chapter; [or] |
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| 36 | 36 | | (3) complains to a governmental entity responsible for |
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| 37 | 37 | | enforcing building or housing codes, a public utility, or a civic or |
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| 38 | 38 | | nonprofit agency, and the tenant: |
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| 39 | 39 | | (A) claims a building or housing code violation |
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| 40 | 40 | | or utility problem; and |
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| 41 | 41 | | (B) believes in good faith that the complaint is |
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| 42 | 42 | | valid and that the violation or problem occurred; or |
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| 43 | 43 | | (4) establishes, attempts to establish, or |
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| 44 | 44 | | participates in a tenant organization. |
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| 45 | 45 | | (b) A landlord may not, because [within six months after the |
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| 46 | 46 | | date] of the tenant's action under Subsection (a), retaliate |
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| 47 | 47 | | against the tenant by: |
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| 48 | 48 | | (1) filing an eviction proceeding, except for the |
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| 49 | 49 | | grounds stated by Subchapter E; |
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| 50 | 50 | | (2) depriving the tenant of the use of the premises, |
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| 51 | 51 | | except for reasons authorized by law; |
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| 52 | 52 | | (3) decreasing services to the tenant; |
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| 53 | 53 | | (4) increasing the tenant's rent; |
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| 54 | 54 | | (5) terminating the tenant's lease agreement; or |
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| 55 | 55 | | (6) engaging, in bad faith, in a course of conduct that |
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| 56 | 56 | | materially interferes with the tenant's rights under the tenant's |
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| 57 | 57 | | lease agreement. |
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| 58 | 58 | | SECTION 3. This Act takes effect September 1, 2021. |
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