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