Bill Text: TX HB3497 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to certain deposits or fees required to be provided by a tenant or prospective tenant in connection with a residential lease.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-03-24 - Referred to Trade, Workforce & Economic Development [HB3497 Detail]
Download: Texas-2025-HB3497-Introduced.html
| By: Vo | H.B. No. 3497 | |
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| relating to certain deposits or fees 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 security deposit is: | ||
| (1) 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 future damage to the leased premises; | ||
| (2) any up front or recurring fee that a landlord | ||
| requires a tenant to pay to the landlord or third party to cover | ||
| future damages to the leased premises or to cover future lease | ||
| violations; and | ||
| (3) any fee that a landlord requires a tenant to pay to | ||
| the landlord as a result of a tenant's eviction history or credit | ||
| history prior to leasing the unit, not including application fees. | ||
| 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. | ||
