84R23902 LEH-F
By: Davis of Dallas H.B. No. 1009
Substitute the following for H.B. No. 1009:
By: Oliveira C.S.H.B. No. 1009
A BILL TO BE ENTITLED
AN ACT
relating to application fees and deposits paid to a landlord of
residential rental property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.351, Property Code, is amended by
amending Subdivisions (1) and (1-a) and adding Subdivision (3-a) to
read as follows:
(1) ["Application deposit" means a sum of money that
is given to the landlord in connection with a rental application and
that is refundable to the applicant if the applicant is rejected as
a tenant.
[(1-a)] "Application fee" means a [nonrefundable] sum
of money that is given to the landlord to offset the costs of
screening an applicant for acceptance as a tenant.
(3-a) "Deposit" means a sum of money that is given to
the landlord in connection with a rental application as a holding or
application deposit to take a unit off the market while the rental
application is processed. The term does not include an application
fee.
SECTION 2. Subchapter I, Chapter 92, Property Code, is
amended by adding Section 92.3513 to read as follows:
Sec. 92.3513. DEPOSIT. (a) An applicant is entitled to the
refund of a deposit if the applicant:
(1) is rejected as a tenant; or
(2) withdraws the application before the application
has been processed.
(b) A landlord may retain the deposit if the applicant gives
false information on the rental application.
SECTION 3. Sections 92.3515(e) and (f), Property Code, are
amended to read as follows:
(e) Except as provided by Subsection (f), if [If] the
landlord rejects an applicant and the landlord has not made the
notice required by Subsection (a) available, the landlord shall
return the application fee and any [application] deposit not later
than the fifth day after the date the landlord rejects the
applicant.
(f) If an applicant requests a landlord to mail a refund of
the applicant's deposit or application fee to the applicant, the
landlord shall mail the refund check to the applicant at the address
furnished by the applicant not later than the fifth day after the
date the landlord rejected the applicant.
SECTION 4. Section 92.352(a), Property Code, is amended to
read as follows:
(a) The applicant is deemed rejected by the landlord if the
landlord does not give notice of acceptance of the applicant on or
before the seventh day after the:
(1) date the applicant submits a completed rental
application to the landlord on an application form furnished by the
landlord; or
(2) date the landlord accepts a [an application]
deposit if the landlord does not furnish the applicant an
application form.
SECTION 5. Section 92.353, Property Code, is amended by
adding Subsection (a-1) and amending Subsections (b) and (c) to
read as follows:
(a-1) Except as provided by Subsection (b), if the landlord
rejects an applicant, the landlord shall return any deposit not
later than the fifth day after the date the application is rejected.
(b) If a rental applicant requests that any acceptance of
the applicant or any refund of the applicant's [application]
deposit be mailed to the applicant, the landlord must mail the
refund check to the applicant at the address furnished by the
applicant not later than the fifth day after the date the landlord
rejected the applicant.
(c) If the date of required notice of acceptance or required
refund of a [an application] deposit or application fee is a
Saturday, Sunday, or state or federal holiday, the required date
shall be extended to the end of the next day following the Saturday,
Sunday, or holiday.
SECTION 6. The changes in law made by this Act apply only to
a rental application submitted on or after the effective date of
this Act. A rental application submitted before the effective date
of this Act is governed by the law in effect on the date the rental
application was submitted, and the former law is continued in
effect for that purpose.
SECTION 7. This Act takes effect September 1, 2015.