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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice required regarding the application of |
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certain residential rental payments. |
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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 92.0191 to read as follows: |
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Sec. 92.0191. APPLICATION OF RENTAL PAYMENT TO OTHER FEES. |
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(a) Except as stated in subsection (b), a landlord shall apply all |
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funds received to the rent owed and then to any other charges |
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lawfully owed to the landlord under the lease unless the tenant |
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specifies otherwise in a written notice. |
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(b) If the lease allows a landlord to apply funds received |
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to nonrent charges first, a landlord is authorized to do so as long |
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as the landlord has given the tenant a separate written notice with |
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three days of the receipt of the funds that specifies: |
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(1) the amount of the funds received; |
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(2) the amount applied to nonrent charges with a |
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description of each charge; |
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(3) the amount applied to rent if applicable; and |
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(4) the amount of rent or other charges still owed, if |
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applicable. |
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(c) A landlord who applies funds received to nonrent charges |
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first as provided in subsection (b) may not charge the tenant a late |
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fee for not timely tendering the current month's rent if |
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(1) the funds were received before the conclusion of |
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any grace period provided by law or the lease whichever is greater; |
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and |
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(2) the amount of the funds received would equal or |
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exceed the rent currently owed the landlord, excluding all other |
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charges. |
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(d) A provision of a lease agreement that attempts to waive |
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any provision of this section not authorized by this section is |
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void. |
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SECTION 2. This Act takes effect September 1, 2009. |