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A BILL TO BE ENTITLED
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AN ACT
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relating to late fees 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. Section 92.019(a), Property Code, is amended to |
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read as follows: |
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(a) A landlord may not charge a tenant a late fee for failing |
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to pay rent unless: |
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(1) notice of the fee is included in a written lease; |
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(2) the fee is a reasonable estimate of uncertain |
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damages to the landlord that are incapable of precise calculation |
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and result from late payment of rent; and |
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(3) the rent has remained [remains] unpaid one full |
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[after the second] day after the date the rent was originally due. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |