TEXAS PROPERTY CODE

TITLE 8. LANDLORD AND TENANT

CHAPTER 92. RESIDENTIAL TENANCIES

SUBCHAPTER A. GENERAL PROVISIONS


Sec. 92.008.  INTERRUPTION OF UTILITIES.  

(a)  A landlord or a landlord's agent may not interrupt or cause the
 interruption of utility service paid for directly to the utility company by a
 tenant unless the interruption results from bona fide repairs, construction,
 or an emergency.

(b)  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.

(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1112, Sec. 3, eff. January 1,
 2010.

(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1112, Sec. 3, eff. January 1,
 2010.

(e)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1112, Sec. 3, eff. January 1,
 2010.

(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)  recover from the landlord an amount equal to the sum of the tenant's 
actual damages, one month's rent 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.

(g)  A provision of a lease that purports to waive a right or to exempt a 
party from a liability or duty under this section is void.

Acts 1983, 68th Leg., p. 3632, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by 
Acts 1985, 69th Leg., ch. 200, Sec. 4, eff. Aug. 26, 1985.  Renumbered from 
Sec. 91.002 by Acts 1987, 70th Leg., ch. 683, Sec. 2, eff. Aug. 31, 1987.  
Amended as Sec. 91.002 by Acts 1987, 70th Leg., ch. 826, Sec. 1, eff. Aug. 31, 
1987.  Renumbered from Sec. 91.002 and amended by Acts 1989, 71st Leg., ch. 
689, Sec. 1, 3, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 869, 
Sec. 1, eff. Jan. 1, 1996;  Acts 1995, 74th Leg., ch. 952, Sec. 1, eff. Sept. 
1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1112, Sec. 1, eff. January 
1, 2010.Acts 2009, 81st Leg., R.S., Ch. 1112, Sec. 3, eff. January 1, 2010.


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.

Added by Acts 2009, 81st Leg., R.S., Ch. 1112, Sec. 2, eff. January 1, 2010.