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A BILL TO BE ENTITLED
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AN ACT
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relating to certain deposits or fees required to be provided by a |
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tenant or prospective tenant in connection with a residential |
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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 security deposit is: |
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(1) any advance of money, other than a rental |
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application deposit or an advance payment of rent, that is intended |
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primarily to secure performance under a lease of a dwelling that has |
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been entered into by a landlord and a tenant or to secure payment |
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for future damage to the leased premises; |
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(2) any up front or recurring fee that a landlord |
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requires a tenant to pay to the landlord or third party to cover |
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future damages to the leased premises or to cover future lease |
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violations; and |
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(3) any fee that a landlord requires a tenant to pay to |
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the landlord as a result of a tenant's eviction history or credit |
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history prior to leasing the unit, not including application fees. |
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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, 2025. |