Texas Property Code 92.015 – Tenant’s Right to Summon Police or Emergency Assistance
(a) A landlord may not:
(1) prohibit or limit a residential tenant’s right to summon police or other emergency assistance based on the tenant’s reasonable belief that an individual is in need of intervention or emergency assistance; or
(2) impose monetary or other penalties on a tenant who summons police or emergency assistance if the assistance was requested or dispatched based on the tenant’s reasonable belief that an individual was in need of intervention or emergency assistance.
(b) A provision in a lease is void if the provision purports to:
(1) waive a tenant’s right to summon police or other emergency assistance based on the tenant’s reasonable belief that an individual is in need of intervention or emergency assistance; or
(2) exempt any party from a liability or a duty under this section.
Terms Used In Texas Property Code 92.015
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Month: means a calendar month. See Texas Government Code 312.011
- Summons: Another word for subpoena used by the criminal justice system.
(c) In addition to other remedies provided by law, if a landlord violates this section, a tenant is entitled to recover from or against the landlord:
(1) a civil penalty in an amount equal to one month‘s rent;
(2) actual damages suffered by the tenant as a result of the landlord’s violation of this section;
(3) court costs;
(4) injunctive relief; and
(5) reasonable attorney’s fees incurred by the tenant in seeking enforcement of this section.
(d) For purposes of this section, if a tenant’s rent is subsidized in whole or in part by a governmental entity, “one month’s rent” means one month’s fair market rent.
(e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 337 (H.B. 1099), Sec. 2, eff. September 1, 2017.