84R23902 LEH-F
 
  By: Davis of Dallas H.B. No. 1009
 
  Substitute the following for H.B. No. 1009:
 
  By:  Oliveira C.S.H.B. No. 1009
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to application fees and deposits paid to a landlord of
  residential rental property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 92.351, Property Code, is amended by
  amending Subdivisions (1) and (1-a) and adding Subdivision (3-a) to
  read as follows:
               (1)  ["Application deposit" means a sum of money that
  is given to the landlord in connection with a rental application and
  that is refundable to the applicant if the applicant is rejected as
  a tenant.
               [(1-a)]  "Application fee" means a [nonrefundable] sum
  of money that is given to the landlord to offset the costs of
  screening an applicant for acceptance as a tenant.
               (3-a)  "Deposit" means a sum of money that is given to
  the landlord in connection with a rental application as a holding or
  application deposit to take a unit off the market while the rental
  application is processed. The term does not include an application
  fee.
         SECTION 2.  Subchapter I, Chapter 92, Property Code, is
  amended by adding Section 92.3513 to read as follows:
         Sec. 92.3513.  DEPOSIT. (a) An applicant is entitled to the
  refund of a deposit if the applicant:
               (1)  is rejected as a tenant; or
               (2)  withdraws the application before the application
  has been processed.
         (b)  A landlord may retain the deposit if the applicant gives
  false information on the rental application.
         SECTION 3.  Sections 92.3515(e) and (f), Property Code, are
  amended to read as follows:
         (e)  Except as provided by Subsection (f), if [If] the
  landlord rejects an applicant and the landlord has not made the
  notice required by Subsection (a) available, the landlord shall
  return the application fee and any [application] deposit not later
  than the fifth day after the date the landlord rejects the
  applicant.
         (f)  If an applicant requests a landlord to mail a refund of
  the applicant's deposit or application fee to the applicant, the
  landlord shall mail the refund check to the applicant at the address
  furnished by the applicant not later than the fifth day after the
  date the landlord rejected the applicant.
         SECTION 4.  Section 92.352(a), Property Code, is amended to
  read as follows:
         (a)  The applicant is deemed rejected by the landlord if the
  landlord does not give notice of acceptance of the applicant on or
  before the seventh day after the:
               (1)  date the applicant submits a completed rental
  application to the landlord on an application form furnished by the
  landlord; or
               (2)  date the landlord accepts a [an application]
  deposit if the landlord does not furnish the applicant an
  application form.
         SECTION 5.  Section 92.353, Property Code, is amended by
  adding Subsection (a-1) and amending Subsections (b) and (c) to
  read as follows:
         (a-1)  Except as provided by Subsection (b), if the landlord
  rejects an applicant, the landlord shall return any deposit not
  later than the fifth day after the date the application is rejected.
         (b)  If a rental applicant requests that any acceptance of
  the applicant or any refund of the applicant's [application]
  deposit be mailed to the applicant, the landlord must mail the
  refund check to the applicant at the address furnished by the
  applicant not later than the fifth day after the date the landlord
  rejected the applicant.
         (c)  If the date of required notice of acceptance or required
  refund of a [an application] deposit or application fee is a
  Saturday, Sunday, or state or federal holiday, the required date
  shall be extended to the end of the next day following the Saturday,
  Sunday, or holiday.
         SECTION 6.  The changes in law made by this Act apply only to
  a rental application submitted on or after the effective date of
  this Act. A rental application submitted before the effective date
  of this Act is governed by the law in effect on the date the rental
  application was submitted, and the former law is continued in
  effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2015.