SRC-JFA H.B. 614 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 614
By: Alexander (Cain)
Jurisprudence
4-24-97
Engrossed


DIGEST 

Currently, many homeowner associations are prevented from enforcing deed
restrictions by the high costs of filing district court actions.  These
high court 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.  H.B. 387, passed during the 74th Legislative
Session, 1995, grants counties with populations of 2.8 million or more to
file court actions in justice courts.  This bill would delete the
population restriction.   

PURPOSE

As proposed, H.B. 614 authorizes homeowner associations in any county to
file court actions in justice courts.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 27.034(a), Government Code, to provide that a
justice court has jurisdiction of suits relating to enforcement of a deed
restriction.  Deletes the 2.8 million county population restriction.   

SECTION 2. Emergency clause.
  Effective date: upon passage.