By Yarbrough H.B. No. 1299 76R4685 PAM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to prohibiting an encumbrance to be fixed on or executed 1-3 against homestead property for an obligation to pay certain 1-4 property owners' association fees. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 41.001, Property Code, is amended by 1-7 adding Subsection (d) to read as follows: 1-8 (d) An obligation to pay property owners' association fees 1-9 for maintenance and ownership of common facilities and services is 1-10 not an encumbrance that may be properly fixed on or executed 1-11 against homestead property. In this subsection, "property owners' 1-12 association" has the meaning assigned by Section 202.001. 1-13 SECTION 2. The change in law made by this Act does not apply 1-14 to a cause of action that accrued before the effective date of this 1-15 Act. A cause of action that accrued before the effective date of 1-16 this Act is governed by the law in effect when the cause of action 1-17 accrued, and the former law is continued in effect for that 1-18 purpose. 1-19 SECTION 3. The importance of this legislation and the 1-20 crowded condition of the calendars in both houses create an 1-21 emergency and an imperative public necessity that the 1-22 constitutional rule requiring bills to be read on three several 1-23 days in each house be suspended, and this rule is hereby suspended, 1-24 and that this Act take effect and be in force from and after its 2-1 passage, and it is so enacted.