Property Code § 92.154 – Height, Strike Plate, and Throw Requirements (Door Locks)
Table of Contents
Code Details
PROPERTY CODE
TITLE 8. LANDLORD AND TENANT
CHAPTER 92. RESIDENTIAL TENANCIES
Exact Statute Text
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HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS–KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE. (a) A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height:
(1) not lower than 36 inches from the floor; and
(2) not higher than:
(A) 54 inches from the floor, if installed before September 1, 1993; or
(B) 48 inches from the floor, if installed on or after September 1, 1993.
(b) A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must:
(1) have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed; or
(2) be installed in a door with a metal doorjamb that serves as the strike plate.
(c) A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch.
(d) The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2).
Property Code § 92.154 Summary
This Texas statute outlines specific physical requirements for certain door locks—namely, keyed dead bolts and keyless bolting devices—in residential rental properties. It sets minimum and maximum height installation measurements, specifies how strike plates must be secured, and dictates the minimum “throw” (how far the bolt extends) for newer dead bolts.
Specifically, the law requires these locks to be installed no lower than 36 inches from the floor. The maximum height depends on when the lock was installed: 54 inches for locks put in before September 1, 1993, and 48 inches for those installed on or after that date. The strike plate, which is the metal plate on the doorjamb that the lock’s bolt engages, must either be screwed into the doorjamb or be part of a metal doorjamb that functions as the strike plate. For keyed or keyless dead bolts installed from September 1, 1993, onward, the bolt itself must extend at least one inch into the door frame. An important exception exists for one door in a pair of French doors, provided it meets other specific security requirements.
This statute primarily applies to landlords of residential rental properties in Texas, establishing the physical standards for security devices they are required to provide.
Purpose of Property Code § 92.154
The legislative intent behind this particular Texas Property Code section is to establish baseline physical standards for critical security devices in residential rental units. By setting specific requirements for the height, strike plate installation, and bolt throw of dead bolts and keyless bolting devices, the law aims to enhance the safety and security of tenants. These detailed specifications help prevent landlords from installing inadequate or easily defeated locks, thereby reducing the risk of unauthorized entry and protecting tenants from potential harm. The statute contributes to ensuring a minimum level of habitability and safety, providing tenants with a reasonable expectation of security in their homes. It serves to standardize essential security features, making dwellings more resilient against forced entry and promoting a safer living environment across Texas rental properties.
Real-World Example of Property Code § 92.154
Imagine a tenant, Sarah, who lives in an apartment complex built in 2005. One evening, an intruder manages to kick in her front door and steal valuable belongings. Sarah reports the incident to her landlord, who begins repairs. Upon inspection by a locksmith, it’s discovered that the keyed dead bolt on Sarah’s door only had a bolt with a throw of three-quarters of an inch. The landlord had used a cheaper lock during a previous replacement.
Under Property Code § 92.154(c), any keyed dead bolt installed on or after September 1, 1993 (which Sarah’s was), must have a bolt with a throw of not less than one inch. Because the landlord failed to meet this specific requirement, the lock was less secure than legally mandated, potentially contributing to the ease with which the door was forced open. This scenario highlights how the statute sets a tangible standard for security device performance that, if not met, could directly impact a tenant’s safety and the landlord’s liability.
Related Statutes
- Property Code § 92.151 (Definitions): This section is crucial as it defines terms like “keyed dead bolt” and “keyless bolting device” which are referenced throughout § 92.154. Understanding these definitions is essential for applying the requirements correctly.
- Property Code § 92.153 (Required Security Devices): This statute specifies *which* security devices landlords must provide (e.g., door locks, window latches, pepholes). Section 92.154 details the *qualifications* for some of those required door locks. The French door exception in 92.154(d) specifically refers back to requirements in 92.153(b)(1) or (2) for that type of door.
- Property Code § 92.108 (Security Devices): This earlier section provides a general requirement for landlords to equip doors with security devices, but Subchapter D (which includes 92.154) provides the more specific and detailed requirements.
Case Law Interpreting Property Code § 92.154
Specific case law directly interpreting the precise height measurements, strike plate installation methods, or bolt throw distances outlined in Texas Property Code § 92.154 is not readily available through general legal research. These detailed specifications are often treated as clear statutory requirements rather than subjects of complex legal interpretation. Instead, violations of these technical requirements are typically presented as evidence of landlord negligence or breach of statutory duty within broader premises liability or wrongful death lawsuits, rather than being the primary focus of appellate court decisions. Therefore, there is no specific precedent to link back to.
Why Property Code § 92.154 Matters in Personal Injury Litigation
Property Code § 92.154 plays a significant role in personal injury litigation, particularly in premises liability cases involving residential landlords and tenants. When a tenant suffers an injury, such as an assault, theft, or other harm resulting from a break-in, the adequacy of the property’s security devices often comes under scrutiny.
This statute establishes a clear standard of care for landlords regarding the installation and maintenance of certain door locks. If a landlord fails to comply with the height, strike plate, or throw requirements of Section 92.154, and this failure contributes to an intruder gaining access to the property and causing harm, the landlord may be found negligent. A plaintiff’s attorney might argue that the landlord’s violation of this specific statute constitutes “negligence per se,” meaning the landlord is presumed to have acted negligently because they violated a safety statute designed to protect a class of persons (tenants) from a particular type of harm (intruder entry).
For clients, understanding this statute means they have a legal basis to demand proper security features in their rental homes and can seek compensation if they are harmed due to a landlord’s non-compliance. For lawyers, Section 92.154 provides a powerful tool to demonstrate a landlord’s breach of duty, establish causation in cases of inadequate security, and strengthen arguments for damages in personal injury claims arising from criminal acts on rental properties. It underscores the landlord’s responsibility to provide not just *a* lock, but a lock that meets specific, legally defined safety criteria.