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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount of a late fee under a residential lease. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.020 to read as follows: |
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Sec. 92.020. LATE FEES. (a) A landlord may not charge as a |
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late fee more than $150 per month for a tenant's late payment of |
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rent. |
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(b) A landlord must give prior written notice to the tenant |
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in the lease agreement of the restriction on late fees specified by |
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this section. |
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(c) A landlord who violates this section is liable to the |
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tenant for actual damages, additional damages equal to the amount |
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of one month's rent plus $500, and attorney's fees. |
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(d) A provision of a lease that purports to waive a right or |
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exempt a party from a liability or duty under this section is void. |
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SECTION 2. The changes in law made by this Act apply only to |
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a lease or lease agreement that is executed or renewed on or after |
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the effective date of this Act. A lease or lease agreement that is |
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executed or renewed before the effective date of this Act is |
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governed by the law in effect at the time the lease or lease |
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agreement was executed or renewed, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2008. |