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A BILL TO BE ENTITLED
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AN ACT
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relating to a landlord's authority to collect from a tenant certain |
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late fees for nonpayment or late payment for a utility. |
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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 92.0192 to read as follows: |
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Sec. 92.0192. CERTAIN UTILITY NONPAYMENT OR LATE FEES |
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PROHIBITED. (a) In this section, "landlord" includes a manager or |
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agent of the landlord. |
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(b) Except as provided by Subsection (c), a landlord may not |
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collect from a tenant a fee incurred by the landlord as a result of |
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the landlord's nonpayment or late payment to a utility company for a |
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utility service furnished by the landlord to the tenant under the |
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lease or another agreement. |
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(c) Subsection (b) does not apply to a tenant who is |
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delinquent in payment to the landlord for a utility service |
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furnished by the landlord to the tenant under the lease or other |
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agreement. |
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(d) This section does not restrict a landlord's authority to |
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collect from a tenant a late fee or other charge for an amount owed |
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by the tenant to the landlord under the lease or other agreement. |
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SECTION 2. The changes in law made by this Act apply only to |
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a lease or other agreement entered into or renewed on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |