By: Anchia, et al. (Senate Sponsor - Carona) H.B. No. 1109
(In the Senate - Received from the House April 29, 2009;
May 1, 2009, read first time and referred to Committee on Business
and Commerce; May 14, 2009, reported favorably by the following
vote: Yeas 7, Nays 1; May 14, 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. Section 92.019(a), 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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