H.B. No. 1109
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1109 was passed by the House on April
28, 2009, by the following vote: Yeas 145, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1109 was passed by the Senate on May
19, 2009, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor