Texas 2015 - 84th Regular

Texas House Bill HB1009 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23902 LEH-F
2	2	By: Davis of Dallas H.B. No. 1009
3	3	Substitute the following for H.B. No. 1009:
4	4	By: Oliveira C.S.H.B. No. 1009
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to application fees and deposits paid to a landlord of
10	10	residential rental property.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 92.351, Property Code, is amended by
13	13	amending Subdivisions (1) and (1-a) and adding Subdivision (3-a) to
14	14	read as follows:
15	15	(1) ["Application deposit" means a sum of money that
16	16	is given to the landlord in connection with a rental application and
17	17	that is refundable to the applicant if the applicant is rejected as
18	18	a tenant.
19	19	[(1-a)] "Application fee" means a [nonrefundable] sum
20	20	of money that is given to the landlord to offset the costs of
21	21	screening an applicant for acceptance as a tenant.
22	22	(3-a) "Deposit" means a sum of money that is given to
23	23	the landlord in connection with a rental application as a holding or
24	24	application deposit to take a unit off the market while the rental
25	25	application is processed. The term does not include an application
26	26	fee.
27	27	SECTION 2. Subchapter I, Chapter 92, Property Code, is
28	28	amended by adding Section 92.3513 to read as follows:
29	29	Sec. 92.3513. DEPOSIT. (a) An applicant is entitled to the
30	30	refund of a deposit if the applicant:
31	31	(1) is rejected as a tenant; or
32	32	(2) withdraws the application before the application
33	33	has been processed.
34	34	(b) A landlord may retain the deposit if the applicant gives
35	35	false information on the rental application.
36	36	SECTION 3. Sections 92.3515(e) and (f), Property Code, are
37	37	amended to read as follows:
38	38	(e) Except as provided by Subsection (f), if [If] the
39	39	landlord rejects an applicant and the landlord has not made the
40	40	notice required by Subsection (a) available, the landlord shall
41	41	return the application fee and any [application] deposit not later
42	42	than the fifth day after the date the landlord rejects the
43	43	applicant.
44	44	(f) If an applicant requests a landlord to mail a refund of
45	45	the applicant's deposit or application fee to the applicant, the
46	46	landlord shall mail the refund check to the applicant at the address
47	47	furnished by the applicant not later than the fifth day after the
48	48	date the landlord rejected the applicant.
49	49	SECTION 4. Section 92.352(a), Property Code, is amended to
50	50	read as follows:
51	51	(a) The applicant is deemed rejected by the landlord if the
52	52	landlord does not give notice of acceptance of the applicant on or
53	53	before the seventh day after the:
54	54	(1) date the applicant submits a completed rental
55	55	application to the landlord on an application form furnished by the
56	56	landlord; or
57	57	(2) date the landlord accepts a [an application]
58	58	deposit if the landlord does not furnish the applicant an
59	59	application form.
60	60	SECTION 5. Section 92.353, Property Code, is amended by
61	61	adding Subsection (a-1) and amending Subsections (b) and (c) to
62	62	read as follows:
63	63	(a-1) Except as provided by Subsection (b), if the landlord
64	64	rejects an applicant, the landlord shall return any deposit not
65	65	later than the fifth day after the date the application is rejected.
66	66	(b) If a rental applicant requests that any acceptance of
67	67	the applicant or any refund of the applicant's [application]
68	68	deposit be mailed to the applicant, the landlord must mail the
69	69	refund check to the applicant at the address furnished by the
70	70	applicant not later than the fifth day after the date the landlord
71	71	rejected the applicant.
72	72	(c) If the date of required notice of acceptance or required
73	73	refund of a [an application] deposit or application fee is a
74	74	Saturday, Sunday, or state or federal holiday, the required date
75	75	shall be extended to the end of the next day following the Saturday,
76	76	Sunday, or holiday.
77	77	SECTION 6. The changes in law made by this Act apply only to
78	78	a rental application submitted on or after the effective date of
79	79	this Act. A rental application submitted before the effective date
80	80	of this Act is governed by the law in effect on the date the rental
81	81	application was submitted, and the former law is continued in
82	82	effect for that purpose.
83	83	SECTION 7. This Act takes effect September 1, 2015.