| 1 | 1 | | 88R3902 DRS-F |
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| 2 | 2 | | By: Zwiener H.B. No. 2968 |
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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 the interruption of utility service by a residential |
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| 8 | 8 | | landlord. |
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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 92.008, Property Code, is amended by |
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| 11 | 11 | | amending Subsection (f) and adding Subsection (f-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (f) If a landlord or a landlord's agent violates this |
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| 14 | 14 | | section, the tenant may: |
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| 15 | 15 | | (1) either recover possession of the premises or |
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| 16 | 16 | | terminate the lease; and |
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| 17 | 17 | | (2) in addition to other remedies available under law, |
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| 18 | 18 | | recover from the landlord an amount equal to the sum of the tenant's |
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| 19 | 19 | | actual damages, the tenant's security deposit, one month's rent |
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| 20 | 20 | | plus $1,000, reasonable attorney's fees, and court costs[, less any |
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| 21 | 21 | | delinquent rents or other sums for which the tenant is liable to the |
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| 22 | 22 | | landlord]. |
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| 23 | 23 | | (f-1) A landlord who violates this section may not collect |
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| 24 | 24 | | delinquent rent from a tenant. |
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| 25 | 25 | | SECTION 2. The change in law made by this Act applies only |
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| 26 | 26 | | to violation that occurs on or after the effective date of this Act. |
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| 27 | 27 | | A violation that occurs before the effective date of this Act is |
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| 28 | 28 | | governed by the law in effect on the date the violation occurred, |
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| 29 | 29 | | and the former law is continued in effect for that purpose. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2023. |
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