TEXAS PROPERTY CODE

TITLE 8. LANDLORD AND TENANT

CHAPTER 92. RESIDENTIAL TENANCIES

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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)  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.
	(c)  A landlord may interrupt or cause the interruption of 
electrical service furnished to a tenant by the landlord as an 
incident of the tenancy or by other agreement if:
		(1)  the electrical service furnished to the tenant is 
individually metered or submetered for the dwelling unit;
		(2)  the electrical service connection with the utility 
company is in the name of the landlord or the landlord's agent;  and
		(3)  the landlord complies with the rules adopted by 
the Public Utility Commission of Texas for discontinuance of 
submetered electrical service.
	(d)  A landlord may interrupt or cause the interruption of 
electrical service furnished to a tenant by the landlord as an 
incident of the tenancy or by other agreement if:
		(1)  the electrical service furnished to the tenant is 
not individually metered or submetered for the dwelling unit;
		(2)  the electrical service connection with the utility 
company is in the name of the landlord or the landlord's agent;
		(3)  the tenant is at least seven days late in paying 
the rent;             
		(4)  the landlord has mailed or hand-delivered to the 
tenant at least five days before the date the electrical service is 
interrupted a written notice that states:
			(A)  the earliest date of the proposed 
interruption of electrical service; 
			(B)  the amount of rent the tenant must pay to 
avert the interruption;  and
			(C)  the name and location of the individual to 
whom or the location of the on-site management office where the 
delinquent rent may be paid during the landlord's normal business 
hours;
		(5)  the interruption does not begin before or after 
the landlord's normal business hours;  and
		(6)  the interruption does not begin on a day, or on a 
day immediately preceding a day, when the landlord or other 
designated individual is not available or the on-site management 
office is not open to accept rent and restore electrical service.
	(e)  A landlord who interrupts electrical service under 
Subsection (c) or (d) shall restore the service not later than two 
hours after the time the tenant tenders, during the landlord's 
normal business hours, payment of the delinquent electric bill or 
rent owed to the landlord.
	(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, § 1, eff. Jan. 1, 1984.  
Amended by Acts 1985, 69th Leg., ch. 200, § 4, eff. Aug. 26, 
1985.  Renumbered from § 91.002 by Acts 1987, 70th Leg., ch. 683, 
§ 2, eff. Aug. 31, 1987.  Amended as § 91.002 by Acts 1987, 
70th Leg., ch. 826, § 1, eff. Aug. 31, 1987.  Renumbered from 
§ 91.002 and amended by Acts 1989, 71st Leg., ch. 689, § 1, 3, 
eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 869, § 
1, eff. Jan. 1, 1996;  Acts 1995, 74th Leg., ch. 952, § 1, eff. 
Sept. 1, 1995.