86R9317 BEE-D
By: Canales H.B. No. 2457
A BILL TO BE ENTITLED
AN ACT
relating to certain obligations of and limitations on landlords
regarding residential tenants' rental payments, late fees, and
security deposits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 92.011, Property Code, is
amended to read as follows:
Sec. 92.011. [CASH] RENTAL PAYMENTS.
SECTION 2. Section 92.011, Property Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A landlord shall apply any payment received from a
tenant to unpaid rent before applying the payment to a fee, charge,
or other sum of money owed by the tenant that is not rent. This
subsection applies without regard to the method of payment.
SECTION 3. Section 92.019, Property Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (b-1) 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 unpaid one full day after the
date the rent was originally due; and
(4) the landlord has recorded the date and amount of
the assessed fee in a record book or other recordkeeping system
maintained by the landlord.
(a-1) The record maintained by the landlord under
Subsection (a)(4) must be made available for inspection on request
by a tenant. A landlord may satisfy the requirement of this
subsection by making the record available in electronic form.
(b-1) A landlord may not charge a tenant a late fee on an
unpaid amount that does not include unpaid rent and consists
entirely of a fee, charge, or other sum of money owed by the tenant
that is not rent, including a late fee charged under Subsection (a).
SECTION 4. Section 92.104(c), Property Code, is amended to
read as follows:
(c) If the landlord retains all or part of a security
deposit under this section, the landlord shall give to the tenant
the balance of the security deposit, if any, together with a written
description and itemized list of all deductions. [The landlord is
not required to give the tenant a description and itemized list of
deductions if:
[(1) the tenant owes rent when he surrenders
possession of the premises; and
[(2) there is no controversy concerning the amount of
rent owed.]
SECTION 5. The changes in law made by this Act apply only to
a lease entered into or renewed on or after the effective date of
this Act. A lease entered into or renewed before the effective date
of this Act is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 6. This Act takes effect September 1, 2019.