H.B. No. 3028
    1-1                                AN ACT
    1-2  relating to security deposits and application deposits provided by
    1-3  residential tenants and prospective residential tenants and lease
    1-4  obligations of certain successor landlords; providing a civil
    1-5  penalty.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 92.101, Property Code, is amended to read
    1-8  as follows:
    1-9        Sec. 92.101.  APPLICATION.  This subchapter applies to all
   1-10  residential leases <a lease executed or entered into after
   1-11  September 1, 1973>.
   1-12        SECTION 2.  Section 92.102, Property Code, is amended to read
   1-13  as follows:
   1-14        Sec. 92.102.  SECURITY DEPOSIT.  A security deposit is any
   1-15  advance of money, other than a rental application deposit or an
   1-16  advance payment of rent, that is intended primarily to secure
   1-17  performance under a lease of a dwelling that has been entered into
   1-18  by a landlord and a tenant.
   1-19        SECTION 3.  Section 92.103, Property Code, is amended by
   1-20  amending Subsection (c) to read as follows:
   1-21        (c)  The tenant's claim to the security deposit takes
   1-22  priority over the claim of any creditor of the landlord, including
   1-23  <except> a trustee in bankruptcy.
   1-24        SECTION 4.  Subchapter C, Chapter 92, Property Code, is
    2-1  amended by adding Section 92.1041 to read as follows:
    2-2        Sec. 92.1041.  PRESUMPTION OF REFUND OR ACCOUNTING.  A
    2-3  landlord is presumed to have refunded a security deposit or made an
    2-4  accounting of security deposit deductions if, on or before the date
    2-5  required under this subchapter, the refund or accounting is placed
    2-6  in the United States mail and postmarked on or before the required
    2-7  date.
    2-8        SECTION 5.  Chapter 92, Property Code, is amended by adding
    2-9  Subchapter H to read as follows:
   2-10              SUBCHAPTER H.  RENTAL APPLICATION DEPOSITS
   2-11        Sec. 92.331.  DEFINITIONS.  For purposes of this subchapter:
   2-12              (1)  "Application deposit" means a sum of money that is
   2-13  given to the landlord in connection with a rental application and
   2-14  that is refundable to the applicant if the applicant is rejected as
   2-15  a tenant.
   2-16              (2)  "Applicant" or "rental applicant" means a person
   2-17  who makes an application to a landlord for rental of a dwelling.
   2-18              (3)  "Co-applicant" means a person who makes an
   2-19  application for rental of a dwelling with other applicants and who
   2-20  plans to live in the dwelling with other applicants.
   2-21              (4)  "Deposited" means deposited in an account of the
   2-22  landlord or the landlord's agent in a bank or other financial
   2-23  institution.
   2-24              (5)  "Landlord" means a prospective landlord to whom a
   2-25  person makes application for rental of a dwelling.
   2-26              (6)  "Required date" means the required date for any
   2-27  acceptance of the applicant under Section 92.332.
    3-1        Sec. 92.332.  REJECTION OF APPLICANT.  (a)  The applicant is
    3-2  deemed rejected by the landlord if the landlord does not give
    3-3  notice of acceptance of the applicant on or before the seventh day
    3-4  after the:
    3-5              (1)  date the applicant submits a completed rental
    3-6  application to the landlord on an application form furnished by the
    3-7  landlord; or
    3-8              (2)  date the landlord accepts an application deposit
    3-9  if the landlord does not furnish the applicant an application form.
   3-10        (b)  A landlord's rejection of one co-applicant shall be
   3-11  deemed as a rejection of all co-applicants.
   3-12        Sec. 92.333.  PROCEDURES FOR NOTICE OR REFUND.  (a)  Except
   3-13  as provided in Subsection (b), a landlord is presumed to have given
   3-14  notice of an applicant's acceptance or rejection if the notice is
   3-15  by:
   3-16              (1)  telephone to the applicant, co-applicant, or a
   3-17  person living with the applicant or co-applicant on or before the
   3-18  required date; or
   3-19              (2)  United States mail, addressed to the applicant and
   3-20  postmarked on or before the required date.
   3-21        (b)  If a rental applicant requests that any acceptance of
   3-22  the applicant or any refund of the applicant's application deposit
   3-23  be mailed to the applicant, the landlord must mail the refund check
   3-24  to the applicant at the address furnished by the applicant.
   3-25        (c)  If the date of required notice of acceptance or required
   3-26  refund of an application deposit is a Saturday, Sunday, or state or
   3-27  federal holiday, the required date shall be extended to the end of
    4-1  the next day following the Saturday, Sunday, or holiday.
    4-2        Sec. 92.334.  LIABILITY OF LANDLORD.  A landlord who in bad
    4-3  faith fails to refund an application deposit in violation of this
    4-4  subchapter is liable for an amount equal to the sum of $100, three
    4-5  times the amount of the application deposit, and the applicant's
    4-6  reasonable attorney's fees in a suit to recover the deposit.
    4-7        SECTION 6.  (a)  This Act takes effect January 1, 1996.  The
    4-8  change in law made by this Act applies only to security deposit
    4-9  funds and application deposit funds or other funds received from
   4-10  tenants and prospective tenants on or after the effective date of
   4-11  this Act.
   4-12        (b)  For purposes of Subchapter H, Chapter 92, Property Code,
   4-13  as added by this Act, a landlord who accepts funds from a
   4-14  prospective tenant and has not rejected the applicant as a tenant
   4-15  before the effective date of this Act is presumed to have rejected
   4-16  the applicant as a tenant if the landlord does not accept the
   4-17  applicant as a tenant before the seventh day after the effective
   4-18  date of this Act.
   4-19        SECTION 7.  The importance of this legislation and the
   4-20  crowded condition of the calendars in both houses create an
   4-21  emergency and an imperative public necessity that the
   4-22  constitutional rule requiring bills to be read on three several
   4-23  days in each house be suspended, and this rule is hereby suspended.