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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of a residential tenant and duties of a |
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landlord regarding a security deposit provided by the tenant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.104, Property Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) At the request of a tenant, a landlord who is required to |
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give the tenant a written description and itemized list of |
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deductions under Subsection (c) shall give the tenant receipts for |
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expenditures by the landlord to support the deductions, including |
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receipts for materials and labor. |
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SECTION 2. Subchapter C, Chapter 92, Property Code, is |
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amended by adding Section 92.1042 to read as follows: |
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Sec. 92.1042. DEDUCTIONS EXCEEDING SECURITY DEPOSIT; |
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REQUIRED NOTICE. (a) If a landlord determines that permissible |
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deductions and charges under Section 92.104 exceed the amount of |
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the security deposit, the landlord shall notify the tenant in |
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writing of the landlord's claim for damages and charges described |
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by Section 92.104(a) not later than the 60th day before the date the |
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landlord reports the claim for nonpayment to a consumer reporting |
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agency or third-party debt collector. Notice to the tenant under |
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this subsection must include the identity of any consumer reporting |
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agency, third-party debt collector, or other person to which the |
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landlord intends to report the claim. |
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(b) A landlord is not required to provide the notice under |
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Subsection (a) if the tenant has not given the landlord a written |
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statement of the tenant's forwarding address for the purpose |
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specified by Section 92.107. |
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(c) If a landlord does not provide the tenant the notice as |
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required by this section, the landlord: |
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(1) forfeits the right to withhold any portion of the |
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security deposit or to bring suit against the tenant for damages to |
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the premises; and |
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(2) is liable for the tenant's reasonable attorney's |
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fees in a suit to recover the deposit. |
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SECTION 3. Section 92.109(b), Property Code, is amended to |
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read as follows: |
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(b) A landlord who in bad faith does not provide a written |
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description and itemized list of damages and charges under Section |
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92.104(c) or receipts related to the charges, if requested by the |
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tenant under Section 92.104(d), in violation of this subchapter: |
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(1) forfeits the right to withhold any portion of the |
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security deposit or to bring suit against the tenant for damages to |
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the premises; and |
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(2) is liable for the tenant's reasonable attorney's |
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fees in a suit to recover the deposit. |
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SECTION 4. Subchapter C, Chapter 92, Property Code, is |
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amended by adding Section 92.1091 to read as follows: |
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Sec. 92.1091. REQUIRED PROVISION REGARDING LANDLORD |
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LIABILITY. If a lease includes a provision requiring the tenant to |
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pay a security deposit, the lease must include a provision that |
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states the substance of Section 92.109. |
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SECTION 5. The changes in law made by this Act apply only to |
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a lease entered into or renewed on or after the effective date of |
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this Act. A lease entered into or renewed before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |