SRC-JRN H.B. 1285 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1285
By: Van de Putte (Carona)
State Affairs
5-12-97
Engrossed


DIGEST 

Currently, certain provisions of the Texas Property Code apply to
condominiums.  The Property Code does not specifically guarantee open
meetings for owners of condominiums constructed prior to 1994.  This bill
updates Section 82.002(c), Property Code, to guarantee open meetings to
owners of condominiums constructed before 1994. 

PURPOSE

As proposed, H.B. 1285 updates Section 82.002(c), Property Code, to
guarantee open meetings to owners of condominiums constructed before 1994. 

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 Section 82.002(c), Property Code, to provide that this
section and certain stated sections apply to condominiums in this state
for which the declaration was recorded before January 1, 1994, including
Section 82.108. 

SECTION 2. Amends Section 82.108, Property Code, to delete a provision
requiring notice of a meeting to be given in accordance with the bylaws.
Authorizes a board meeting to be held if notice of the meeting has been
given in accordance with Subsection (e), and the meeting does not involve
voting on certain matters before the member has an opportunity to attend a
board meeting to present the member's position, including any defense, on
the issue.  Authorizes the board to act by unanimous written consent of
all the directors, without a meeting, if certain conditions apply,
including a record of the board action is filed with the minutes of board
meetings.  Sets forth provisions regarding the notice of meeting for the
association or the board.  Sets forth provisions regarding fines for board
members. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.