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A BILL TO BE ENTITLED
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AN ACT
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relating to fees regarding a residential tenant's failure to timely |
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pay rent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.019, Property Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsections (a-1) |
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and (a-2) to read as follows: |
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(a) A landlord may not collect from [charge] a tenant a late |
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fee for failing to pay any portion of the tenant's 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 considering that |
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[estimate of uncertain] damages resulting from the late payment of |
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rent 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) any portion of the rent has remained unpaid one |
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full day after the date the rent was originally due. |
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(a-1) To determine the damages described by Subsection |
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(a)(2), a landlord may consider any direct or indirect expenses |
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related to the tenant's late payment incurred by the landlord, |
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including direct or indirect costs, expenses, or overhead |
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associated with the landlord's process established to collect late |
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payments. |
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(a-2) A late fee collected from a tenant of an apartment |
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house complies with Subsection (a)(2) if the late fee does not |
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exceed the greater of $150 or ten percent of the amount of rent for |
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the rental pay period under the lease. For purposes of this |
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subsection, "apartment house" means a building that contains five |
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or more dwelling units. |
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(b) A late fee under this section may include an initial fee |
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and a daily fee for each day any portion of the rent continues to |
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remain unpaid, and the combined fees are considered a single late |
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fee for purposes of this section. |
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(c) A landlord who violates this section is liable to the |
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tenant for an amount equal to the sum of $100, three times the |
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amount of the late fee collected [charged] in violation of this |
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section, and the tenant's reasonable attorney's fees. |
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SECTION 2. This Act takes effect September 1, 2019. |