88R3337 KBB-D
By: Collier H.B. No. 383
A BILL TO BE ENTITLED
AN ACT
relating to the provision of access to a dwelling by a landlord to a
cotenant or occupant who commits certain offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.01611 to read as follows:
Sec. 92.01611. PROVIDING CERTAIN OFFENDERS ACCESS TO
DWELLING PROHIBITED. (a) In this section, "occupant" has the
meaning assigned by Section 92.016.
(b) A landlord who rekeys or changes a security device for a
tenant's dwelling at the request of the tenant under Section
92.156(b) may not provide a key, code, or other means of access to
the dwelling to a cotenant or occupant of the dwelling if the
tenant:
(1) is entitled to vacate the dwelling under Section
92.016 or 92.0161;
(2) chooses to not vacate the dwelling; and
(3) provides the landlord or the landlord's agent a
copy of a court order granting the tenant possession of the dwelling
to the exclusion of the cotenant or occupant because the cotenant or
occupant committed family violence, as defined by Section 71.004,
Family Code, or an offense described by Section 92.0161 against the
tenant or a child or ward of the tenant.
(c) This section does not release a cotenant from liability
or obligations under the rental agreement.
SECTION 2. Section 92.165, Property Code, is amended to
read as follows:
Sec. 92.165. TENANT REMEDIES FOR OTHER LANDLORD VIOLATIONS.
If a landlord does not comply with a tenant's request regarding
rekeying, changing, adding, repairing, or replacing a security
device under Section 92.156(b), 92.157, or 92.158 in accordance
with the time limits and other requirements of this subchapter or
violates Section 92.01611, the tenant may:
(1) install, repair, change, replace, or rekey the
security devices as required by this subchapter and deduct the
reasonable cost of material, labor, taxes, and extra keys from the
tenant's next rent payment in accordance with Section 92.166;
(2) unilaterally terminate the lease without court
proceedings; and
(3) file suit against the landlord and obtain a
judgment for:
(A) a court order directing the landlord to
comply, if the tenant is in possession of the dwelling;
(B) the tenant's actual damages;
(C) punitive damages if the tenant suffers actual
damages and the landlord's failure to comply is intentional,
malicious, or grossly negligent;
(D) a [civil] penalty of one month's rent plus
$500;
(E) court costs; and
(F) attorney's fees except in suits for recovery
of property damages, personal injuries, or wrongful death.
SECTION 3. This Act takes effect September 1, 2023.