H.B. No. 3101
 
 
 
 
AN ACT
  relating to a residential tenant's rights and remedies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 92.0081, Property Code, is amended by
  amending Subsections (b), (d), and (h) and adding Subsections
  (e-1), (k), and (l) to read as follows:
         (b)  A landlord may not intentionally prevent a tenant from
  entering the leased premises except by judicial process unless the
  exclusion results from:
               (1)  bona fide repairs, construction, or an emergency;
               (2)  removing the contents of premises abandoned by a
  tenant; or
               (3)  changing the door locks on the door to the tenant's
  individual unit of a tenant who is delinquent in paying at least
  part of the rent.
         (d)  A landlord may not intentionally prevent a tenant from
  entering the leased premises under Subsection (b)(3) unless:
               (1)  the landlord's right to change the locks because of
  a tenant's failure to timely pay rent is placed in the lease;
               (2)  the tenant is delinquent in paying all or part of
  the rent; and
               (3) [(2)]  the landlord has locally mailed not later
  than the fifth calendar day before the date on which the door locks
  are changed or hand-delivered to the tenant or posted on the inside
  of the main entry door of the tenant's dwelling not later than the
  third calendar day before the date on which the door locks are
  changed a written notice stating:
                     (A)  the earliest date that the landlord proposes
  to change the door locks;
                     (B)  the amount of rent the tenant must pay to
  prevent changing of the door locks; [and]
                     (C)  the name and street address of the individual
  to whom, or the location of the on-site management office at which,
  the delinquent rent may be discussed or paid during the landlord's
  normal business hours; and
                     (D)  in underlined or bold print, the tenant's
  right to receive a key to the new lock at any hour, regardless of
  whether the tenant pays the delinquent rent.
         (e-1)  A landlord who changes the locks or otherwise prevents
  a tenant from entering the tenant's individual rental unit may not
  change the locks or otherwise prevent a tenant from entering a
  common area of residential rental property.
         (h)  If a landlord violates this section, the tenant may:
               (1)  either recover possession of the premises or
  terminate the lease; and
               (2)  recover from the landlord a civil penalty of one
  month's rent plus $1,000 [$500], actual damages, court costs, and
  reasonable attorney's fees in an action to recover property
  damages, actual expenses, or civil penalties, less any delinquent
  rent or other sums for which the tenant is liable to the landlord.
         (k)  A landlord may not change the locks on the door of a
  tenant's dwelling under Subsection (b)(3):
               (1)  when the tenant or any other legal occupant is in
  the dwelling; or
               (2)  more than once during a rental payment period.
         (l)  This section does not affect the ability of a landlord
  to pursue other available remedies, including the remedies provided
  by Chapter 24.
         SECTION 2.  Section 92.0131, Property Code, is amended by
  adding Subsection (c-1) to read as follows:
         (c-1)  As a precondition for allowing a tenant to park in a
  specific parking space or a common parking area that the landlord
  has made available for tenant use, the landlord may require a tenant
  to provide only the make, model, color, year, license number, and
  state of registration of the vehicle to be parked.
         SECTION 3.  Subchapter A, Chapter 92, Property Code, is
  amended by adding Section 92.019 to read as follows:
         Sec. 92.019.  LATE PAYMENT OF RENT; FEES.  (a)  A landlord
  may not charge a tenant a late fee for failing to pay rent unless:
               (1)  notice of the fee is included in a written lease;
               (2)  the fee is a reasonable estimate of uncertain
  damages to the landlord that are incapable of precise calculation
  and result from late payment of rent; and
               (3)  the rent remains unpaid after the second day after
  the date the rent was originally due.
         (b)  A late fee under this section may include an initial fee
  and a daily fee for each day the rent continues to remain unpaid.
         (c)  A landlord who violates this section is liable to the
  tenant for an amount equal to the sum of $100, three times the
  amount of the late fee charged in violation of this section, and the
  tenant's reasonable attorney's fees.
         (d)  A provision of a lease that purports to waive a right or
  exempt a party from a liability or duty under this section is void.
         (e)  This section relates only to a fee, charge, or other sum
  of money required to be paid under the lease if rent is not paid as
  provided by Subsection (a)(3), and does not affect the landlord's
  right to terminate the lease or take other action permitted by the
  lease or other law.  Payment of the fee, charge, or other sum of
  money by a tenant does not waive the right or remedies provided by
  this section.
         SECTION 4.  Subchapter A, Chapter 92, Property Code, is
  amended by adding Section 92.020 to read as follows:
         Sec. 92.020.  EMERGENCY PHONE NUMBER.  (a)  A landlord that
  has an on-site management or superintendent's office for a
  residential rental property must provide to a tenant a telephone
  number that will be answered 24 hours a day for the purpose of
  reporting emergencies related to a condition of the leased premises
  that materially affects the physical health or safety of an
  ordinary tenant.
         (b)  The landlord must post the phone number required by
  Subsection (a) prominently outside the management or
  superintendent's office.
         (c)  This section does not apply to or affect a local
  ordinance governing a landlord's obligation to provide a 24-hour
  emergency contact number to a tenant that is adopted before January
  1, 2008, if the ordinance conforms with or is amended to conform
  with this section.
         (d)  A landlord to whom Subsection (a) does not apply must
  provide to a tenant a telephone number for the purpose of reporting
  emergencies described by that subsection.
         SECTION 5.  Section 92.056, Property Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  A lease must contain language in underlined or bold
  print that informs the tenant of the remedies available under this
  section and Section 92.0561.
         SECTION 6.  The heading to Subchapter I, Chapter 92,
  Property Code, is amended to read as follows:
  SUBCHAPTER I.  RENTAL APPLICATION [DEPOSITS]
         SECTION 7.  Section 92.351, Property Code, is amended by
  adding Subdivisions (1-a) and (5-a) to read as follows:
               (1-a)  "Application fee" means a nonrefundable sum of
  money that is given to the landlord to offset the costs of screening
  an applicant for acceptance as a tenant.
               (5-a)  "Rental application" means a written request
  made by an applicant to a landlord to lease premises from the
  landlord.
         SECTION 8.  Subchapter I, Chapter 92, Property Code, is
  amended by adding Section 92.3515 to read as follows:
         Sec. 92.3515.  NOTICE OF ELIGIBILITY REQUIREMENTS.  (a)  At
  the time an applicant is provided with a rental application, the
  landlord shall make available to the applicant printed notice of
  the landlord's tenant selection criteria and the grounds for which
  the rental application may be denied, including the applicant's:
               (1)  criminal history;
               (2)  previous rental history;
               (3)  current income;
               (4)  credit history; or
               (5)  failure to provide accurate or complete
  information on the application form.
         (b)  If the landlord makes the notice available under
  Subsection (a), the applicant shall sign an acknowledgment
  indicating the notice was made available. If the acknowledgment is
  not signed, there is a rebuttable presumption that the notice was
  not made available to the applicant.
         (c)  The acknowledgment required by Subsection (b) must
  include a statement substantively equivalent to the following:
  "Signing this acknowledgment indicates that you have had the
  opportunity to review the landlord's tenant selection criteria.
  The tenant selection criteria may include factors such as criminal
  history, credit history, current income, and rental history.  If
  you do not meet the selection criteria, or if you provide inaccurate
  or incomplete information, your application may be rejected and
  your application fee will not be refunded."
         (d)  The acknowledgment may be part of the rental application
  if the notice is underlined or in bold print.
         (e)  If the landlord rejects an applicant and the landlord
  has not made the notice required by Subsection (a) available, the
  landlord shall return the application fee and any application
  deposit.
         (f)  If an applicant requests a landlord to mail a refund of
  the applicant's application fee to the applicant, the landlord
  shall mail the refund check to the applicant at the address
  furnished by the applicant.
         SECTION 9.  Section 92.354, Property Code, is amended to
  read as follows:
         Sec. 92.354.  LIABILITY OF LANDLORD.  A landlord who in bad
  faith fails to refund an application fee or deposit in violation of
  this subchapter is liable for an amount equal to the sum of $100,
  three times the amount wrongfully retained [of the application
  deposit], and the applicant's reasonable attorney's fees [in a suit
  to recover the deposit].
         SECTION 10.  Subchapter I, Chapter 92, Property Code, is
  amended by adding Section 92.355 to read as follows:
         Sec. 92.355.  WAIVER. A provision of a rental application
  that purports to waive a right or exempt a party from a liability or
  duty under this subchapter is void.
         SECTION 11.  This Act applies only to a lease agreement or a
  renewal of a lease agreement entered into, or a rental application
  received by an applicant, on or after the effective date of this
  Act. A lease agreement or a renewal of a lease agreement entered
  into, or a rental application received by an applicant, before the
  effective date of this Act is covered by the law in effect at the
  time the lease agreement or renewal of the lease agreement was
  entered into or the rental application was received, and the former
  law is continued in effect for that purpose.
         SECTION 12.  This Act takes effect January 1, 2008.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3101 was passed by the House on May 4,
  2007, by the following vote:  Yeas 120, Nays 24, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3101 on May 25, 2007, by the following vote:  Yeas 124, Nays 12,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3101 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor