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.