88R3902 DRS-F
By: Zwiener H.B. No. 2968
A BILL TO BE ENTITLED
AN ACT
relating to the interruption of utility 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 Subsection (f) and adding Subsection (f-1) to read as
follows:
(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, the tenant's security deposit, one month's rent
plus $1,000, reasonable attorney's fees, and court costs[, less any
delinquent rents or other sums for which the tenant is liable to the
landlord].
(f-1) A landlord who violates this section may not collect
delinquent rent from a tenant.
SECTION 2. The change in law made by this Act applies only
to violation that occurs on or after the effective date of this Act.
A violation that occurs before the effective date of this Act is
governed by the law in effect on the date the violation occurred,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.