Texas 2025 - 89th Regular

Texas Senate Bill SB851 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2410 CS-F
2	2	By: Middleton S.B. No. 851
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to repairs made pursuant to a tenant's notice of intent to
10	10	repair and the refund of a tenant's security deposit.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 92.0561(f), Property Code, is amended to
13	13	read as follows:
14	14	(f) Repairs made pursuant to the tenant's notice must be
15	15	made by an independent [a] company, contractor, or repairman
16	16	[listed in the yellow or business pages of the telephone directory
17	17	or in the classified advertising section of a newspaper of the local
18	18	city, county, or adjacent county at the time of the tenant's notice
19	19	of intent to repair]. If the rental unit is located in a
20	20	municipality requiring the company, contractor, or repairman to be
21	21	licensed, the person or entity performing the repair must be
22	22	licensed in accordance with the municipality's requirements.
23	23	Unless the landlord and tenant agree otherwise under Subsection (g)
24	24	[of this section], repairs may not be made by the tenant, the
25	25	tenant's immediate family, the tenant's employer or employees, or a
26	26	company in which the tenant has an ownership interest. Repairs may
27	27	not be made to the foundation or load-bearing structural elements
28	28	of the building if it contains two or more dwelling units.
29	29	SECTION 2. Section 92.107, Property Code, is amended to
30	30	read as follows:
31	31	Sec. 92.107. TENANT'S FORWARDING ADDRESS. (a) The
32	32	landlord is not obligated to return a tenant's security deposit or
33	33	give the tenant a written description of damages and charges until
34	34	the tenant provides [gives] the landlord a written statement of the
35	35	tenant's forwarding address for the purpose of refunding the
36	36	security deposit.
37	37	(b) A tenant may satisfy the requirement of Subsection (a):
38	38	(1) by providing the statement in accordance with the
39	39	lease; or
40	40	(2) regardless of the lease terms, by:
41	41	(A) hand-delivering the statement to the
42	42	landlord or landlord's property manager if rent has been paid in
43	43	that manner; or
44	44	(B) sending the statement to the landlord or
45	45	landlord's property manager or to an address where the tenant has
46	46	paid rent under the lease by:
47	47	(i) first class mail;
48	48	(ii) certified mail, return receipt
49	49	requested;
50	50	(iii) registered mail; or
51	51	(iv) any other delivery service that
52	52	provides delivery tracking information.
53	53	(c) A tenant who complies with Subsection (b) has satisfied
54	54	the requirement of Subsection (a), even if the landlord fails to
55	55	claim or refuses delivery of the written statement of the tenant's
56	56	forwarding address.
57	57	(d) The tenant does not forfeit the right to a refund of the
58	58	security deposit or the right to receive a description of damages
59	59	and charges merely for failing to give a forwarding address to the
60	60	landlord.
61	61	SECTION 3. Section 92.109(d), Property Code, is amended to
62	62	read as follows:
63	63	(d) A landlord is presumed to have acted in bad faith if the
64	64	landlord [who] fails either to return a security deposit or to
65	65	provide a written description and itemization of deductions on or
66	66	before the 30th day after the date the tenant has both:
67	67	(1) surrendered [surrenders] possession; and
68	68	(2) satisfied the requirement of Section 92.107(a) [is
69	69	presumed to have acted in bad faith].
70	70	SECTION 4. Section 94.107, Property Code, is amended to
71	71	read as follows:
72	72	Sec. 94.107. TENANT'S FORWARDING ADDRESS. (a) A landlord
73	73	is not obligated to return a tenant's security deposit or give the
74	74	tenant a written description of damages and charges until the
75	75	tenant provides [gives] the landlord a written statement of the
76	76	tenant's forwarding address for the purpose of refunding the
77	77	security deposit.
78	78	(b) A tenant may satisfy the requirement of Subsection (a):
79	79	(1) by providing the statement in accordance with the
80	80	lease; or
81	81	(2) regardless of the lease terms, by:
82	82	(A) hand-delivering the statement to the
83	83	landlord or landlord's property manager if rent has been paid in
84	84	that manner; or
85	85	(B) sending a statement to the landlord or
86	86	landlord's property manager or to an address where the tenant has
87	87	paid rent under the lease by:
88	88	(i) first class mail;
89	89	(ii) certified mail, return receipt
90	90	requested;
91	91	(iii) registered mail; or
92	92	(iv) any other delivery service that
93	93	provides delivery tracking information.
94	94	(c) A tenant who complies with Subsection (b) has satisfied
95	95	the requirement of Subsection (a), even if the landlord fails to
96	96	claim or refuses delivery of the written statement of the tenant's
97	97	forwarding address.
98	98	(d) The tenant does not forfeit the right to a refund of the
99	99	security deposit or the right to receive a description of damages
100	100	and charges merely for failing to give a forwarding address to the
101	101	landlord.
102	102	SECTION 5. Section 94.109(d), Property Code, is amended to
103	103	read as follows:
104	104	(d) A landlord is presumed to have acted in bad faith if the
105	105	landlord [who] fails either to return a security deposit or to
106	106	provide a written description and itemization of deductions on or
107	107	before the 30th day after the date the tenant has both:
108	108	(1) surrendered [surrenders] possession; and
109	109	(2) satisfied the requirement of Section 94.107(a) [is
110	110	presumed to have acted in bad faith].
111	111	SECTION 6. Section 94.157(g), Property Code, is amended to
112	112	read as follows:
113	113	(g) Repairs made based on a tenant's notice must be made by
114	114	an independent [a] company, contractor, or repairman [listed at the
115	115	time of the tenant's notice of intent to repair in the yellow or
116	116	business pages of the telephone directory or in the classified
117	117	advertising section of a newspaper of the municipality or county in
118	118	which the manufactured home community is located or in an adjacent
119	119	county]. If the rental unit is located in a municipality requiring
120	120	the company, contractor, or repairman to be licensed, the person or
121	121	entity performing the repair must be licensed in accordance with
122	122	the municipality's requirements. Unless the landlord and tenant
123	123	agree otherwise under Subsection (i), repairs may not be made by the
124	124	tenant, the tenant's immediate family, the tenant's employer or
125	125	employees, or a company in which the tenant has an ownership
126	126	interest. Repairs may not be made to the foundation or load-bearing
127	127	structural elements of the manufactured home lot.
128	128	SECTION 7. The changes in law made by this Act apply only to
129	129	a lease entered into or renewed on or after the effective date of
130	130	this Act. A lease entered into or renewed before the effective date
131	131	of this Act is governed by the law in effect immediately before the
132	132	effective date of this Act, and that law is continued in effect for
133	133	that purpose.
134	134	SECTION 8. This Act takes effect September 1, 2025.