|
|
|
|
By: Anchia, et al. (Senate Sponsor - Carona) |
H.B. No. 1109 |
|
(In the Senate - Received from the House April 29, 2009; |
|
May 1, 2009, read first time and referred to Committee on Business |
|
and Commerce; May 14, 2009, reported favorably by the following |
|
vote: Yeas 7, Nays 1; May 14, 2009, sent to printer.) |
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to late fees under a residential lease. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 92.019(a), Property Code, is amended to |
|
read as follows: |
|
(a) A landlord may not charge a tenant a late fee for failing |
|
to pay rent unless: |
|
(1) notice of the fee is included in a written lease; |
|
(2) the fee is a reasonable estimate of uncertain |
|
damages to the landlord that are incapable of precise calculation |
|
and result from late payment of rent; and |
|
(3) the rent has remained [remains] unpaid one full |
|
[after the second] day after the date the rent was originally due. |
|
SECTION 2. 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, 2009. |
|
|
|
* * * * * |