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A BILL TO BE ENTITLED
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AN ACT
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relating to certain deposits, fees, or charges required to be |
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provided by a tenant or prospective tenant in connection with a |
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residential lease. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.001, Property Code, is amended by |
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adding Subdivision (5-a) to read as follows: |
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(5-a) "Security deposit" means a security deposit |
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described by Section 92.102. |
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SECTION 2. Section 92.102, Property Code, is amended to |
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read as follows: |
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Sec. 92.102. SECURITY DEPOSIT. (a) A security deposit is |
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any advance of money, other than a rental application deposit or an |
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advance payment of rent, that is intended primarily to secure |
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performance under a lease of a dwelling that has been entered into |
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by a landlord and a tenant or to secure payment for damage to the |
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leased premises. |
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(b) Any deposit that a landlord requires a prospective |
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tenant to provide to the landlord to lease a dwelling or that the |
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lease requires a tenant to provide to the landlord or maintain in |
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effect for all or part of the lease term is presumed to be a security |
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deposit. Any refundable or nonrefundable fee or charge required by |
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a landlord for damages, no matter how designated, is presumed to be |
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a security deposit. |
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SECTION 3. The change in law made by this Act applies only |
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to 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 as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |