78R9095 QS-D


By:  Uresti                                                       H.B. No. 3190



A BILL TO BE ENTITLED

AN ACT

relating to the refund or retention by a landlord of a security 
deposit under a commercial lease.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 93.005(a), Property Code, is amended to 
read as follows: 
	(a)  The landlord shall refund the security deposit to the 
tenant not later than the 60th day after the date the tenant 
surrenders the premises and provides notice to the landlord or the 
landlord's agent of the tenant's forwarding address under Section 
93.009.
	SECTION 2.  Section 93.011(d), Property Code, is amended to 
read as follows: 
	(d)  A landlord who fails to return a security deposit or to 
provide a written description and itemized list of deductions on or 
before the 60th [30th] day after the date the tenant surrenders 
possession is presumed to have acted in bad faith.
	SECTION 3.  This Act applies only to a lease of commercial 
rental property entered into or renewed on or after the effective 
date of this Act.  A lease of commercial rental property entered 
into or renewed before the effective date of this Act is governed by 
the law in effect on the date the lease was entered into or renewed, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.