BILL ANALYSIS H.B. 387 By: Hochberg (Gallegos) Jurisprudence 5-25-95 Senate Committee Report (Unamended) BACKGROUND Many homeowner associations are prevented from enforcing deed restrictions by the high costs of filing district court actions. These high costs are an impediment to a homeowner association's ability to enforce deed restrictions. By enabling associations to have access to justice courts, the associations may gain the ability to enforce both large and small infractions. PURPOSE As proposed, H.B. 387 allows homeowner associations in large counties to file court actions in justice courts. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 27B, Government Code, by adding Section 27.034, as follows: Sec. 27.034. DEED RESTRICTION JURISDICTION. (a) Provides that in a county with a population of 2.8 million or more a justice court has jurisdiction of suits relating to enforcement of a deed restriction of a residential subdivision that does not concern a structural change to a dwelling. (b) Requires the petitioner in a dispute concerning a deed restriction to present certain documents as evidence at the first hearing in the dispute. (c) Authorizes a justice of the peace to order any alternative method of dispute resolution provided by Title 7, Civil Practice and Remedies Code. (d) Provides that the jurisdiction provided by this section is concurrent with the jurisdiction of the district court. (e) Provides that a justice court has jurisdiction of suits under this section regardless of the amount in controversy. (f) Authorizes a justice of the peace to consolidate disputes relating to the same issues and parties. (g) Provides that an appeal under this section is by trial de novo. (h) Defines "deed restriction." (i) Defines "dwelling." SECTION 2. Emergency clause. Effective date: upon passage.