89R4398 SCR-F     By: Vo H.B. No. 1299       A BILL TO BE ENTITLED   AN ACT   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.