H.B. No. 882
 
 
 
 
AN ACT
  relating to a residential tenant's rights and remedies after
  certain unlawful conduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 92.008(b), Property Code, is amended to
  read as follows:
         (b)  A [Except as provided by Subsections (c) and (d), a]
  landlord may not interrupt or cause the interruption of water,
  wastewater, gas, or electric service furnished to a tenant by the
  landlord as an incident of the tenancy or by other agreement unless
  the interruption results from bona fide repairs, construction, or
  an emergency.
         SECTION 2.  Subchapter A, Chapter 92, Property Code, is
  amended by adding Section 92.0091 to read as follows:
         Sec. 92.0091.  RESIDENTIAL TENANT'S RIGHT OF RESTORATION
  AFTER UNLAWFUL UTILITY DISCONNECTION.  (a)  If a landlord has
  interrupted utility service in violation of Section 92.008, the
  tenant may obtain relief as provided by this section.
         (b)  The tenant must file with the justice court in the
  precinct in which the rental premises are located a sworn complaint
  specifying the facts of the alleged unlawful utility disconnection
  by the landlord or the landlord's agent. The tenant must also state
  orally under oath to the justice the facts of the alleged unlawful
  utility disconnection.
         (c)  If the tenant has complied with Subsection (b) and if
  the justice reasonably believes an unlawful utility disconnection
  has likely occurred, the justice may issue, ex parte, a writ of
  restoration of utility service that entitles the tenant to
  immediate and temporary restoration of the disconnected utility
  service, pending a final hearing on the tenant's sworn complaint.
         (d)  The writ of restoration of utility service must be
  served on either the landlord or the landlord's management company,
  on-premises manager, or rent collector in the same manner as a writ
  of possession in a forcible detainer suit.
         (e)  The landlord is entitled to a hearing on the tenant's
  sworn complaint for restoration of utility service. The writ of
  restoration of utility service must notify the landlord of the
  right to a hearing. The hearing shall be held not earlier than the
  first day and not later than the seventh day after the date the
  landlord requests a hearing.
         (f)  If the landlord fails to request a hearing on the
  tenant's sworn complaint for restoration of utility service before
  the eighth day after the date of service of the writ of restoration
  of utility service on the landlord under Subsection (d), a judgment
  for court costs may be rendered against the landlord.
         (g)  A party may appeal from the court's judgment at the
  hearing on the sworn complaint for restoration of utility service
  in the same manner as a party may appeal a judgment in a forcible
  detainer suit.
         (h)  If a writ of possession is issued, it supersedes a writ
  of restoration of utility service.
         (i)  If the landlord or the person on whom a writ of
  restoration of utility service is served fails to immediately
  comply with the writ or later disobeys the writ, the failure is
  grounds for contempt of court against the landlord or the person on
  whom the writ was served under Section 21.002, Government Code. If
  the writ is disobeyed, the tenant or the tenant's attorney may file
  in the court in which the action is pending an affidavit stating the
  name of the person who has disobeyed the writ and describing the
  acts or omissions constituting the disobedience. On receipt of an
  affidavit, the justice shall issue a show cause order, directing
  the person to appear on a designated date and show cause why the
  person should not be adjudged in contempt of court. If the justice
  finds, after considering the evidence at the hearing, that the
  person has directly or indirectly disobeyed the writ, the justice
  may commit the person to jail without bail until the person purges
  the contempt action or omission in a manner and form as the justice
  may direct. If the person disobeyed the writ before receiving the
  show cause order but has complied with the writ after receiving the
  order, the justice may find the person in contempt and assess
  punishment under Section 21.002(c), Government Code.
         (j)  If a tenant in bad faith files a sworn complaint for
  restoration of utility service resulting in a writ being served on
  the landlord or landlord's agent, the landlord may in a separate
  cause of action recover from the tenant an amount equal to actual
  damages, one month's rent or $500, whichever is greater, reasonable
  attorney's fees, and costs of court, less any sums for which the
  landlord is liable to the tenant.
         (k)  The fee for filing a sworn complaint for restoration of
  utility service is the same as that for filing a civil action in
  justice court. The fee for service of a writ of restoration of
  utility service is the same as that for service of a writ of
  possession. The fee for service of a show cause order is the same as
  that for service of a civil citation. The justice may defer payment
  of the tenant's filing fees and service costs for the sworn
  complaint for restoration of utility service and writ of
  restoration of utility service. Court costs may be waived only if
  the tenant executes a pauper's affidavit.
         SECTION 3.  Sections 92.008(c), (d), and (e), Property Code,
  are repealed.
         SECTION 4.  Section 92.0091, Property Code, as added by this
  Act, applies only to a violation of Section 92.008, Property Code,
  as amended by this Act, on or after the effective date of this Act or
  a violation of Section 92.008, Property Code, as that section
  existed immediately before the effective date of this Act, that
  continues on or after the effective date of this Act. A violation
  that occurred before the effective date of this Act and does not
  continue after the effective date of this Act is covered by the law
  in effect at the time the violation occurred, and the former law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect January 1, 2010.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 882 was passed by the House on May 4,
  2009, by the following vote:  Yeas 130, Nays 10, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 882 on May 29, 2009, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 882 on May 31, 2009, by the following vote:  Yeas 140,
  Nays 1, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 882 was passed by the Senate, with
  amendments, on May 27, 2009, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  882 on May 31, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor