By: Carona  S.B. No. 716
         (In the Senate - Filed February 6, 2009; February 25, 2009,
  read first time and referred to Committee on Business and Commerce;
  April 8, 2009, reported favorably by the following vote:  Yeas 9,
  Nays 0; April 8, 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.  Subsection (a), Section 92.019, 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.
 
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