Texas 2019 - 86th Regular

Texas House Bill HB2457 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9317 BEE-D
2	2	By: Canales H.B. No. 2457
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain obligations of and limitations on landlords
8	8	regarding residential tenants' rental payments, late fees, and
9	9	security deposits.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 92.011, Property Code, is
12	12	amended to read as follows:
13	13	Sec. 92.011. [CASH] RENTAL PAYMENTS.
14	14	SECTION 2. Section 92.011, Property Code, is amended by
15	15	adding Subsection (b-1) to read as follows:
16	16	(b-1) A landlord shall apply any payment received from a
17	17	tenant to unpaid rent before applying the payment to a fee, charge,
18	18	or other sum of money owed by the tenant that is not rent. This
19	19	subsection applies without regard to the method of payment.
20	20	SECTION 3. Section 92.019, Property Code, is amended by
21	21	amending Subsection (a) and adding Subsections (a-1) and (b-1) to
22	22	read as follows:
23	23	(a) A landlord may not charge a tenant a late fee for failing
24	24	to pay rent unless:
25	25	(1) notice of the fee is included in a written lease;
26	26	(2) the fee is a reasonable estimate of uncertain
27	27	damages to the landlord that are incapable of precise calculation
28	28	and result from late payment of rent; [and]
29	29	(3) the rent has remained unpaid one full day after the
30	30	date the rent was originally due; and
31	31	(4) the landlord has recorded the date and amount of
32	32	the assessed fee in a record book or other recordkeeping system
33	33	maintained by the landlord.
34	34	(a-1) The record maintained by the landlord under
35	35	Subsection (a)(4) must be made available for inspection on request
36	36	by a tenant. A landlord may satisfy the requirement of this
37	37	subsection by making the record available in electronic form.
38	38	(b-1) A landlord may not charge a tenant a late fee on an
39	39	unpaid amount that does not include unpaid rent and consists
40	40	entirely of a fee, charge, or other sum of money owed by the tenant
41	41	that is not rent, including a late fee charged under Subsection (a).
42	42	SECTION 4. Section 92.104(c), Property Code, is amended to
43	43	read as follows:
44	44	(c) If the landlord retains all or part of a security
45	45	deposit under this section, the landlord shall give to the tenant
46	46	the balance of the security deposit, if any, together with a written
47	47	description and itemized list of all deductions. [The landlord is
48	48	not required to give the tenant a description and itemized list of
49	49	deductions if:
50	50	[(1) the tenant owes rent when he surrenders
51	51	possession of the premises; and
52	52	[(2) there is no controversy concerning the amount of
53	53	rent owed.]
54	54	SECTION 5. The changes in law made by this Act apply only to
55	55	a lease entered into or renewed on or after the effective date of
56	56	this Act. A lease entered into or renewed before the effective date
57	57	of this Act is governed by the law as it existed immediately before
58	58	the effective date of this Act, and that law is continued in effect
59	59	for that purpose.
60	60	SECTION 6. This Act takes effect September 1, 2019.