By: Uresti (Senate Sponsor - Carona) H.B. No. 3190
(In the Senate - Received from the House May 12, 2003;
May 13, 2003, read first time and referred to Committee on Business
and Commerce; May 23, 2003, reported favorably by the following
vote: Yeas 9, Nays 0; May 23, 2003, sent to printer.)
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.
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