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By:  Swinford                                                     H.B. No. 2050



A BILL TO BE ENTITLED

AN ACT

relating to the rights and duties of self-service storage facility 
customers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 59.005, Property Code, is amended to 
read as follows:    
	Section 59.005.  LATE PAYMENT FEES.  (a)  The lessor of a 
self-service storage facility may assess a reasonable late payment 
fee if a tenant does not pay the entire amount of the rental fee 
specified in the rental agreement, subject to the following 
requirements:
		(1)  no late payment fee shall be assessed unless the 
rental fee remains unpaid for at least 10 days after the date 
specified in the rental agreement for payment of the rental fee;
		(2)  the amount of the late payment fee shall be 
specified in the occupant's rental agreement;
		(3)  only one late payment fee shall be assessed for 
each rental fee payment that is not paid on the date specified in 
the rental agreement.
	(b)  For the purposes of this section, a "reasonable late 
payment fee" is on that does not exceed the following:
		(1)  $10, if the rental agreement provides for monthly 
rent of $60 or less;
		(2)  $15, if the rental agreement provides for monthly 
rent greater than $60, but less than $100;
		(3)  $20 or 15 percent of the monthly rental fee, 
whichever is greater, if the rental agreement provides for monthly 
rent of $100 or more.
	(c)  The provisions of this chapter shall only apply to 
rental agreements entered into, or extended, or renewed after the 
effective date of this chapter.
	(d)  In addition to the late payment fees, the lessor may 
recover all other reasonable expenses incurred under this chapter
[DAMAGES FOR VIOLATION.  A person injured by a violation of this 
chapter may sue for damages under the Deceptive Trade 
Practices--Consumer Protection Act (Subchapter E, Chapter 17, 
Business & Commerce Code)].
	SECTION 2.  Section 59.043, Property Code, is amended to 
read as follows:    
	Sec. 59.043.  CONTENTS AND DELIVERY OF NOTICE OF CLAIM.  (a)  
The lessor's notice to the tenant of the claim must contain:
		(1)  an itemized account of the claim;                                        
		(2)  the name, address, and telephone number of the 
lessor or the lessor's agent;
		(3)  a statement that the contents of the self-service 
storage facility have been seized under the contractual landlord's 
lien; and
		(4)  a statement that if the claim is not satisfied 
before the 15th day after the day that the notice is delivered, the 
property may be sold at public auction.
	(b)  The lessor must deliver the notice in person, by 
first-class mail with proof of mailing from the U.S. Post Office or
by certified mail to the tenant's last known address as stated in 
the rental agreement or in a written notice from the tenant to the 
lessor furnished after the execution of the rental agreement.  
Notice by mail is considered delivered when the notice, properly 
addressed with postage prepaid, is deposited with the United States 
Postal Service.
	(c)  The rental agreement shall request, and provide space 
for, the tenant to give the name and address of another person to 
whom the notice of claim may be sent.  If the tenant provides an 
alternate address, the lessor shall send notice to the alternate 
address in the manner provided by this section.  Failure of a tenant 
to provide an alternate address shall not affect an owner's 
remedies under this chapter or under any other provision of the law.
	SECTION 3.  This Act takes effect September 1, 2005.