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• ORDINANCE N0.1093-C " AN ORDINANCE ADOPTING THE PROVISIONS OF CHAPTER 92, TEXAS PROPERTY CODE, RELATING TO SMOKE DETECTORS IN RESIDENTIAL DWELLING UNITS WHICH ARE RENTED OR LEASED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); PROVIDING CIVIL REMEDIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS•.LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte hereby adopts the following provisions o.f Chapter 92, "Residential Tenancies," of the Texas Property Code, to-wit: Section 92.001. Definitions In this chapter: (1) "Dwelling" means one or more rooms rented for use as a permanent residence under a sinnle lease to one or more tenants. (2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease. (3) "Lease" means any written or. oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling. (4) "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapter B, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest of the tenant. (5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes tha tenant to use, and the appurtenances, grounds, ,and faail~.ties held out for the u$~ of tenants generally. (6) "Tenant" mans a person who id authorized by a lease to occupy a dwelling to the .exclusion of others and, for the purposes of Subchaptersp, ~~ and ~, who~~.s'obligated under the lease to pay ~ rent. ~ ,~ S 92.002. 1-p~~licatian This chapter applies only to the relationship between landlords and tenants of residential rental property. § 92.004. Harassment A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees. 5 92.005. Attorney's Fees (a) A party who prevails in a suit brought under Subchapter B, D, E, or F may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended.