| 1 | 1 | | 84R10870 LEH-D |
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| 2 | 2 | | By: Anchia H.B. No. 3072 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to responsibility of new owners of residential rental |
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| 8 | 8 | | property for tenant security deposits. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 92.105, Property Code, is amended by |
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| 11 | 11 | | amending Subsections (a) and (b) and adding Subsection (b-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) If the owner's interest in the premises is terminated by |
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| 14 | 14 | | sale, assignment, death, appointment of a receiver, bankruptcy, or |
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| 15 | 15 | | otherwise, the new owner is liable for the return of security |
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| 16 | 16 | | deposits according to this subchapter from the date title to the |
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| 17 | 17 | | premises is acquired [, regardless of whether notice is given to the |
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| 18 | 18 | | tenant under Subsection (b) of this section]. |
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| 19 | 19 | | (b) The [person who no longer owns an interest in the rental |
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| 20 | 20 | | premises remains liable for a security deposit received while the |
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| 21 | 21 | | person was the owner until the] new owner shall deliver [delivers] |
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| 22 | 22 | | to the tenant a signed statement acknowledging that the new owner |
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| 23 | 23 | | has acquired the property [received] and is responsible for the |
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| 24 | 24 | | tenant's security deposit and specifying the exact dollar amount of |
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| 25 | 25 | | the deposit. |
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| 26 | 26 | | (b-1) The person who no longer owns an interest in the |
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| 27 | 27 | | rental premises is liable to the new owner for a security deposit |
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| 28 | 28 | | received while the person was the owner until the new owner has |
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| 29 | 29 | | received the deposit. |
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| 30 | 30 | | SECTION 2. The changes in law made by this Act apply only to |
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| 31 | 31 | | a security deposit received on or after the effective date of this |
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| 32 | 32 | | Act. A security deposit received before the effective date of this |
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| 33 | 33 | | Act is governed by the law applicable to the security deposit |
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| 34 | 34 | | immediately before that date, and the former law is continued in |
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| 35 | 35 | | effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2015. |
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