| 1 | 1 | | 85R3444 JG-D |
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| 2 | 2 | | By: Canales H.B. No. 1098 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the amount of late fees that may be charged to certain |
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| 8 | 8 | | tenants. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 92.019, Property Code, is amended by |
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| 11 | 11 | | adding Subsection (b-1) to read as follows: |
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| 12 | 12 | | (b-1) Notwithstanding Subsections (a) and (b), a landlord |
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| 13 | 13 | | may not charge a tenant who fails to pay rent for a rental pay period |
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| 14 | 14 | | and who participates in the housing choice voucher program under |
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| 15 | 15 | | Section 8, United States Housing Act of 1937 (42 U.S.C. Section |
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| 16 | 16 | | 1437f), an initial late fee or daily late fees the total amount of |
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| 17 | 17 | | which would exceed five percent of the amount of rent owed by the |
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| 18 | 18 | | tenant during a rental pay period under the lease. |
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| 19 | 19 | | SECTION 2. The change in law made by this Act applies to a |
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| 20 | 20 | | late fee charged on or after the effective date of this Act, |
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| 21 | 21 | | regardless of whether the conduct for which the fee was imposed was |
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| 22 | 22 | | committed before, on, or after that date. |
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| 23 | 23 | | SECTION 3. This Act takes effect September 1, 2017. |
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