89R2275 CS-D
By: West S.B. No. 603
A BILL TO BE ENTITLED
AN ACT
relating to a landlord's authority to collect from a tenant certain
late fees for nonpayment or late payment for a utility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 92, Property Code, is
amended by adding Section 92.0192 to read as follows:
Sec. 92.0192. CERTAIN UTILITY NONPAYMENT OR LATE FEES
PROHIBITED. (a) In this section, "landlord" includes a manager or
agent of the landlord.
(b) Except as provided by Subsection (c), a landlord may not
collect from a tenant a fee incurred by the landlord as a result of
the landlord's nonpayment or late payment to a utility company for a
utility service furnished by the landlord to the tenant under the
lease or another agreement.
(c) Subsection (b) does not apply to a tenant who is
delinquent in payment to the landlord for a utility service
furnished by the landlord to the tenant under the lease or other
agreement.
(d) This section does not restrict a landlord's authority to
collect from a tenant a late fee or other charge for an amount owed
by the tenant to the landlord under the lease or other agreement.
SECTION 2. The changes in law made by this Act apply only to
a lease or other agreement entered into or renewed on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.