| 1 | 1 | | 89R4398 SCR-F |
|---|
| 2 | 2 | | By: Vo H.B. No. 1299 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to certain deposits, fees, or charges required to be |
|---|
| 10 | 10 | | provided by a tenant or prospective tenant in connection with a |
|---|
| 11 | 11 | | residential lease. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 92.001, Property Code, is amended by |
|---|
| 14 | 14 | | adding Subdivision (5-a) to read as follows: |
|---|
| 15 | 15 | | (5-a) "Security deposit" means a security deposit |
|---|
| 16 | 16 | | described by Section 92.102. |
|---|
| 17 | 17 | | SECTION 2. Section 92.102, Property Code, is amended to |
|---|
| 18 | 18 | | read as follows: |
|---|
| 19 | 19 | | Sec. 92.102. SECURITY DEPOSIT. (a) A security deposit is |
|---|
| 20 | 20 | | any advance of money, other than a rental application deposit or an |
|---|
| 21 | 21 | | advance payment of rent, that is intended primarily to secure |
|---|
| 22 | 22 | | performance under a lease of a dwelling that has been entered into |
|---|
| 23 | 23 | | by a landlord and a tenant or to secure payment for damage to the |
|---|
| 24 | 24 | | leased premises. |
|---|
| 25 | 25 | | (b) Any deposit that a landlord requires a prospective |
|---|
| 26 | 26 | | tenant to provide to the landlord to lease a dwelling or that the |
|---|
| 27 | 27 | | lease requires a tenant to provide to the landlord or maintain in |
|---|
| 28 | 28 | | effect for all or part of the lease term is presumed to be a security |
|---|
| 29 | 29 | | deposit. Any refundable or nonrefundable fee or charge required by |
|---|
| 30 | 30 | | a landlord for damages, no matter how designated, is presumed to be |
|---|
| 31 | 31 | | a security deposit. |
|---|
| 32 | 32 | | SECTION 3. The change in law made by this Act applies only |
|---|
| 33 | 33 | | to a lease entered into or renewed on or after the effective date of |
|---|
| 34 | 34 | | this Act. A lease entered into or renewed before the effective date |
|---|
| 35 | 35 | | of this Act is governed by the law as it existed immediately before |
|---|
| 36 | 36 | | the effective date of this Act, and that law is continued in effect |
|---|
| 37 | 37 | | for that purpose. |
|---|
| 38 | 38 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 42 | 42 | | Act takes effect September 1, 2025. |
|---|