| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 81R3494 PMO-D | |
| 2 | 2 | By: Anchia H.B. No. 1109 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to late fees under a residential lease. | |
| 8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 9 | SECTION 1. Section 92.019(a), Property Code, is amended to | |
| 10 | 10 | read as follows: | |
| 11 | 11 | (a) A landlord may not charge a tenant a late fee for failing | |
| 12 | 12 | to pay rent unless: | |
| 13 | 13 | (1) notice of the fee is included in a written lease; | |
| 14 | 14 | (2) the fee is a reasonable estimate of uncertain | |
| 15 | 15 | damages to the landlord that are incapable of precise calculation | |
| 16 | 16 | and result from late payment of rent; and | |
| 17 | 17 | (3) the rent has remained [remains] unpaid one full | |
| 18 | 18 | [after the second] day after the date the rent was originally due. | |
| 19 | 19 | SECTION 2. This Act takes effect immediately if it receives | |
| 20 | 20 | a vote of two-thirds of all the members elected to each house, as | |
| 21 | 21 | provided by Section 39, Article III, Texas Constitution. If this | |
| 22 | 22 | Act does not receive the vote necessary for immediate effect, this | |
| 23 | 23 | Act takes effect September 1, 2009. |