Texas 2017 - 85th Regular

Texas Senate Bill SB1445

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to methods of payment of rent and security deposits to residential landlords and authorizing associated service charges.

Impact

The bill aims to strike a balance between protecting landlords' rights to receive payments while also ensuring tenant protections regarding acceptable payment methods. By maintaining access to cash payments as a viable option, the bill seeks to accommodate tenants who may rely on cash transactions. The stipulation that landlords must provide written notice of payment issues places a level of accountability on the landlord to notify tenants before imposing restrictions on payment methods, which could enhance transparency in landlord-tenant relations.

Summary

SB1445 proposes amendments to Section 92.011 of the Texas Property Code, focusing on the methods through which residential tenants can make rent and security deposits to landlords. Under the new provisions, while landlords must permit at least one form of payment other than cash or electronic funds transfer, they retain the authority to require cash payments exclusively under certain conditions. Specifically, this would apply when a tenant's prior payment was refused or dishonored. However, this restriction on payment methods cannot exceed three months following the incident of the dishonored payment.

Contention

Notably, there are implications regarding service charges associated with electronic payments. SB1445 allows landlords to impose service charges for processing payments made via electronic funds transfer, capped at a specified limit. While supporters may argue this is a reasonable measure to cover costs incurred by landlords for processing such payments, critics might contend that any additional charges could disproportionately affect low-income tenants or those who are already financially vulnerable. Furthermore, the provision that voids lease terms attempting to waive rights under this section reinforces tenant protections, yet it may be viewed as an overreach by some stakeholders advocating for property owners' autonomy.

Companion Bills

TX HB3401

Identical Relating to methods of payment of rent and security deposits to residential landlords and authorizing associated service charges.

Previously Filed As

TX HB2516

Relating to certain rights and duties of residential tenants and landlords.

TX SB2493

Relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit.

TX HB3405

Relating to repairs made pursuant to a tenant's notice of intent to repair and the refund of a tenant's security deposit.

TX HB2968

Relating to the interruption of utility service by a residential landlord.

TX HB1048

Relating to a landlord's notice to residential tenants regarding rent increases.

TX HB1756

Relating to certain deposits, fees, or charges required to be provided by a tenant or prospective tenant in connection with a residential lease.

TX HB1268

Relating to a landlord's liability to a tenant for a casualty loss to residential rental premises caused by the landlord.

TX HB1523

Relating to the establishment of a program administered by the Texas Department of Housing and Community Affairs and certain county housing authorities to incentivize landlords to accept tenants participating in the housing choice voucher program.

TX HB1193

Relating to prohibiting housing discrimination by a property owners' association against a residential tenant based on the tenant's method of payment.

TX HB3568

Relating to certain public facilities used to provide affordable housing; authorizing a fee; authorizing a penalty.

Similar Bills

CA AB2219

Landlord-tenant: 3rd-party payments.

CA AB414

Residential tenancies: return of security.

CA AB12

Tenancy: security deposits.

DE SB310

An Act To Amend Title 25 Of The Delaware Code Relating To Manufactured Home Title Transfers.

DE SB56

An Act To Amend Title 25 Of The Delaware Code Relating To Manufactured Home Title Transfers.

NJ A5757

Prohibits residential landlord from imposing certain surcharges for rent payments.

CA SB611

Residential rental properties: fees and security.

CA SB644

Tenancy: security deposit: service members.