H.B. No. 1086
 
 
 
 
AN ACT
  relating to interruption of electric 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 Subsections (b) and (f) and adding Subsections (h) through
  (r) to read as follows:
         (b)  Except as provided by this section, a [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.
         (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, one month's rent plus $1,000 [or $500,
  whichever is greater], reasonable attorney's fees, and court costs,
  less any delinquent rents or other sums for which the tenant is
  liable to the landlord.
         (h)  Subject to Subsections (i), (j), (k), (m), and (o), a
  landlord who submeters electricity or allocates or prorates
  nonsubmetered master metered electricity may interrupt or cause the
  interruption of electric service for nonpayment by the tenant of an
  electric bill issued to the tenant if:
               (1)  the landlord's right to interrupt electric service
  is provided by a written lease entered into by the tenant;
               (2)  the tenant's electric bill is not paid on or before
  the 12th day after the date the electric bill is issued;
               (3)  advance written notice of the proposed
  interruption is delivered to the tenant by mail or hand delivery
  separately from any other written content that:
                     (A)  prominently displays the words "electricity
  termination notice" or similar language underlined or in bold;
                     (B)  includes:
                           (i)  the date on which the electric service
  will be interrupted;
                           (ii)  a location where the tenant may go
  during the landlord's normal business hours to make arrangements to
  pay the bill to avoid interruption of electric service;
                           (iii)  the amount that must be paid to avoid
  interruption of electric service;
                           (iv)  a statement providing that when the
  tenant makes a payment to avoid interruption of electric service,
  the landlord may not apply that payment to rent or other amounts
  owed under the lease;
                           (v)  a statement providing that the landlord
  may not evict a tenant for failure to pay an electric bill when the
  landlord has interrupted the tenant's electric service unless the
  tenant fails to pay for the electric service after the electric
  service has been interrupted for at least two days, not including
  weekends or state or federal holidays; and
                           (vi)  a description of the tenant's rights
  under Subsection (j) to avoid interruption of electric service if
  the interruption will cause a person residing in the tenant's
  dwelling to become seriously ill or more seriously ill; and
                     (C)  is delivered not earlier than the first day
  after the bill is past due or later than the fifth day before the
  interruption date stated in the notice; and
               (4)  the landlord, at the same time the service is
  interrupted, hand delivers or places on the tenant's front door a
  written notice that:
                     (A)  prominently displays the words "electricity
  termination notice" or similar language underlined or in bold; and
                     (B)  includes:
                           (i)  the date the electric service has been
  interrupted;
                           (ii)  a location where the tenant may go
  during the landlord's normal business hours to make arrangements to
  pay the bill to reestablish interrupted electric service;
                           (iii)  the amount that must be paid to
  reestablish electric service;
                           (iv)  a statement providing that when the
  tenant makes a payment to reestablish electric service, a landlord
  may not apply that payment to rent or other amounts owed under the
  lease;
                           (v)  a statement providing that the landlord
  may not evict a tenant for failure to pay an electric bill when the
  landlord has interrupted the tenant's electric service unless the
  tenant fails to pay for the electric service after the electric
  service has been interrupted for at least two days, not including
  weekends or state or federal holidays; and
                           (vi)  a description of the tenant's rights
  under Subsection (j) to avoid interruption of electric service if
  the interruption will cause a person residing in the tenant's
  dwelling to become seriously ill or more seriously ill.
         (i)  Unless a dangerous condition exists or the tenant
  requests disconnection, a landlord may not interrupt or cause the
  interruption of electric service under Subsection (h) on a day:
               (1)  on which the landlord or a representative of the
  landlord is not available to collect electric bill payments and
  reestablish electric service;
               (2)  that immediately precedes a day described by
  Subdivision (1); or
               (3)  on which:
                     (A)  the previous day's highest temperature did
  not exceed 32 degrees Fahrenheit and the temperature is predicted
  to remain at or below that level for the next 24 hours according to
  the nearest National Weather Service reports; or
                     (B)  the National Weather Service issues a heat
  advisory for a county in which the premises is located or has issued
  such an advisory on one of the two preceding days.
         (j)  A landlord may not interrupt or cause the interruption
  of electric service under Subsection (h) of a tenant who, before the
  interruption date specified in the notice required by Subsection
  (h)(3), has:
               (1)  established that the interruption will cause a
  person residing in the tenant's dwelling to become seriously ill or
  more seriously ill by having a physician, nurse, nurse
  practitioner, or other similar licensed health care practitioner
  attending to the person who is or may become ill provide a written
  statement to the landlord or a representative of the landlord
  stating that the person will become seriously ill or more seriously
  ill if the electric service is interrupted; and
               (2)  entered into a deferred payment plan that complies
  with Subsection (l).
         (k)  If a tenant has established, in accordance with
  Subsection (j), the circumstances necessary to avoid electric
  service interruption under that subsection, the landlord may not
  interrupt or cause the interruption of the tenant's electric
  service under Subsection (h) before:
               (1)  the 63rd day after the date those circumstances
  are established; or
               (2)  an earlier date agreed to by the landlord and the
  tenant.
         (l)  A deferred payment plan for the purposes of this section
  must be in writing. The deferred payment plan must allow the tenant
  to pay the outstanding electric bill in installments that extend
  beyond the due date of the next electric bill and must provide that
  the delinquent amount may be paid in equal installments over a
  period equal to at least three electric service billing cycles.
         (m)  A landlord may not interrupt or cause the interruption
  of electric service under Subsection (h) to a tenant who receives
  energy assistance for a billing period during which the landlord
  receives a pledge, letter of intent, purchase order, or other
  notification that the energy assistance provider is forwarding
  sufficient payment to continue the electric service.
         (n)  If a delinquent electric bill is paid, or a deferred
  payment plan is entered into, during normal business hours, the
  landlord shall reconnect the tenant's electric service within two
  hours of payment or entry into the deferred payment plan.
         (o)  A landlord may not interrupt or cause the interruption
  of electric service under Subsection (h) for any of the following
  reasons:
               (1)  a delinquency in payment for electric service
  furnished to a previous tenant;
               (2)  failure to pay non-electric bills, rent, or other
  fees;
               (3)  failure to pay electric bills that are six or more
  months delinquent; or
               (4)  failure to pay an electric bill disputed by the
  tenant, unless the landlord has conducted an investigation as
  required by the particular case and reported the results in writing
  to the tenant.
         (p)  A landlord who provides notice in accordance with
  Subsection (h) may not apply a payment made by a tenant to avoid
  interruption of electric service or reestablish electric service to
  rent or any other amounts owed under the lease.
         (q)  The landlord may not evict a tenant for failure to pay an
  electric bill when the landlord has interrupted the tenant's
  electric service under Subsection (h) unless the tenant fails to
  pay for the electric service after the electric service has been
  interrupted for at least two days, not including weekends or state
  or federal holidays.
         (r)  Subject to this subsection, a reconnection fee may be
  applied if electric service to the tenant is disconnected for
  nonpayment of bills under Subsection (h). The reconnection fee
  must be computed based on the average cost to the landlord for the
  expenses associated with the reconnection, but may not exceed $10.
  A reconnection fee may not be applied unless agreed to by the tenant
  in a written lease that states the exact dollar amount of the
  reconnection fee. A fee may not be applied to a deferred payment
  plan entered into under this section.
         SECTION 2.  The change in law made by this Act applies only
  to an electric bill that becomes delinquent on or after the
  effective date of this Act. An electric bill that becomes
  delinquent before the effective date of this Act is governed by the
  law applicable to the delinquency immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1086 was passed by the House on May 1,
  2013, by the following vote:  Yeas 141, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1086 was passed by the Senate on May
  20, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor