89R4398 SCR-F
By: Vo H.B. No. 1299
A BILL TO BE ENTITLED
AN ACT
relating to certain deposits, fees, or charges required to be
provided by a tenant or prospective tenant in connection with a
residential lease.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 92.001, Property Code, is amended by
adding Subdivision (5-a) to read as follows:
(5-a) "Security deposit" means a security deposit
described by Section 92.102.
SECTION 2. Section 92.102, Property Code, is amended to
read as follows:
Sec. 92.102. SECURITY DEPOSIT. (a) A security deposit is
any advance of money, other than a rental application deposit or an
advance payment of rent, that is intended primarily to secure
performance under a lease of a dwelling that has been entered into
by a landlord and a tenant or to secure payment for damage to the
leased premises.
(b) Any deposit that a landlord requires a prospective
tenant to provide to the landlord to lease a dwelling or that the
lease requires a tenant to provide to the landlord or maintain in
effect for all or part of the lease term is presumed to be a security
deposit. Any refundable or nonrefundable fee or charge required by
a landlord for damages, no matter how designated, is presumed to be
a security deposit.
SECTION 3. The change in law made by this Act applies only
to a lease entered into or renewed on or after the effective date of
this Act. A lease entered into or renewed before the effective date
of this Act is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.