Bill Text: TX HB1299 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to certain deposits, fees, or charges required to be provided by a tenant or prospective tenant in connection with a residential lease.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-13 - Filed [HB1299 Detail]
Download: Texas-2025-HB1299-Introduced.html
89R4398 SCR-F | ||
By: Vo | H.B. No. 1299 |
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relating to certain deposits, fees, or charges required to be | ||
provided by a tenant or prospective tenant in connection with a | ||
residential lease. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 92.001, Property Code, is amended by | ||
adding Subdivision (5-a) to read as follows: | ||
(5-a) "Security deposit" means a security deposit | ||
described by Section 92.102. | ||
SECTION 2. Section 92.102, Property Code, is amended to | ||
read as follows: | ||
Sec. 92.102. SECURITY DEPOSIT. (a) A security deposit is | ||
any advance of money, other than a rental application deposit or an | ||
advance payment of rent, that is intended primarily to secure | ||
performance under a lease of a dwelling that has been entered into | ||
by a landlord and a tenant or to secure payment for damage to the | ||
leased premises. | ||
(b) Any deposit that a landlord requires a prospective | ||
tenant to provide to the landlord to lease a dwelling or that the | ||
lease requires a tenant to provide to the landlord or maintain in | ||
effect for all or part of the lease term is presumed to be a security | ||
deposit. Any refundable or nonrefundable fee or charge required by | ||
a landlord for damages, no matter how designated, is presumed to be | ||
a security deposit. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a lease entered into or renewed on or after the effective date of | ||
this Act. A lease entered into or renewed before the effective date | ||
of this Act is governed by the law as it existed immediately before | ||
the effective date of this Act, and that law is continued in effect | ||
for that purpose. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2025. |