Bill Text: TX SB1407 | 2025-2026 | 89th Legislature | Introduced

Texas Senate Bill 1407

Introduced

Bill Title: Relating to the withdrawal of certain deposits placed in escrow in connection with the purchase or reservation of a condominium unit.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-02-19 - Filed [SB1407 Detail]

Download: Texas-2025-SB1407-Introduced.html

	89R8904 JBD-D

	By: Parker	S.B. No. 1407



	A BILL TO BE ENTITLED
	AN ACT
	relating to the withdrawal of certain deposits placed in escrow in
	connection with the purchase or reservation of a condominium unit.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 82.158, Property Code, is amended to
	read as follows:
	Sec. 82.158. ESCROW OF DEPOSITS. (a) Except as provided by
	Subsection (b), a [A] deposit made in connection with the purchase
	or reservation of a unit from a declarant shall be placed in escrow
	and held in this state in an account designated for that purpose by
	a real estate broker, an attorney, a title insurance company
	licensed in this state, an independent bonded escrow company, or an
	institution whose accounts are insured by a governmental agency or
	instrumentality until delivered to the declarant at closing,
	delivered to the declarant because of the purchaser's default under
	a contract to purchase the unit, or refunded to the purchaser.
	Escrow deposits may be placed in interest-bearing accounts, and the
	interest is payable as may be agreed in writing between the
	declarant and the purchaser.
	(b) If a contract to purchase a unit provides that the
	deposit made in connection with the purchase or reservation of the
	unit may be used for construction costs and the declarant obtains
	and maintains a surety bond or insurance as described by Subsection
	(c), the declarant may withdraw escrow funds when construction of
	improvements begins. The funds may be used only for actual building
	and construction costs of the project in which the unit is located.
	(c) The bond or insurance required under Subsection (b) must
	be issued by an insurer licensed in this state in favor of the
	purchaser in an amount adequate to cover the amount of the deposit
	to be withdrawn from escrow funds under Subsection (b). The
	declarant may not withdraw an amount from the escrow funds greater
	than the face amount of the bond or the insurance coverage amount.
	The bond or insurance must be payable to the purchaser if the
	purchaser obtains a final judgment against the declarant requiring
	the declarant to return the deposit under the purchase agreement.
	The bond or insurance may be either in the form of an individual
	bond or policy for each deposit accepted by the declarant or in the
	form of a blanket bond or policy assuring the return of all deposits
	received by the declarant.
	(d) The party holding escrow funds who releases any portion
	of the funds to the declarant has no obligation to monitor the
	progress of construction or the expenditure of the funds by the
	declarant and is not liable to any purchaser for the release of
	funds under this section.
	SECTION 2. This Act takes effect September 1, 2025.