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.