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AN ACT
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relating to late fees under a residential lease. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.019(a), Property Code, is amended to |
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read as follows: |
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(a) A landlord may not charge a tenant a late fee for failing |
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to pay rent unless: |
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(1) notice of the fee is included in a written lease; |
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(2) the fee is a reasonable estimate of uncertain |
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damages to the landlord that are incapable of precise calculation |
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and result from late payment of rent; and |
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(3) the rent has remained [remains] unpaid one full |
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[after the second] day after the date the rent was originally due. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1109 was passed by the House on April |
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28, 2009, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1109 was passed by the Senate on May |
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19, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |