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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 Subsection (a-1) |
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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 [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) any portion of the tenant's rent has remained |
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unpaid two [one] full days [day] after the date the rent was |
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originally due. |
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(a-1) For purposes of this section, a late fee is considered |
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reasonable if: |
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(1) the late fee is not more than: |
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(A) 12 percent of the amount of rent for the |
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rental period under the lease for a dwelling located in a structure |
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that contains not more than four dwelling units; or |
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(B) 10 percent of the amount of rent for the |
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rental period under the lease for a dwelling located in a structure |
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that contains more than four dwelling units; or |
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(2) the late fee is more than the applicable amount |
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under Subdivision (1), but not more than uncertain damages to the |
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landlord related to the late payment of rent, including direct or |
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indirect expenses, direct or indirect costs, or overhead associated |
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with the collection of late payment. |
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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 tenant's rent |
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continues to remain unpaid, and the combined fees are considered a |
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single late 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. 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. STATEMENT OF LATE FEES. A tenant may request |
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that the landlord provide to the tenant a written statement of |
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whether the tenant owes a late fee to the landlord and, if so, the |
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amount of the late fee. The landlord may provide the statement to |
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the tenant by any established means regularly used for written |
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communication between the landlord and the tenant. A landlord's |
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failure to respond does not affect the tenant's liability for any |
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late fee owed to the landlord. |
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SECTION 3. Section 92.019, Property Code, as amended by |
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this Act, applies only to a late fee under a lease entered into or |
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renewed on or after the effective date of this Act. A late fee under |
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a lease entered into or renewed before the effective date of this |
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Act is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |