1-1                                   AN ACT
 1-2     relating to requiring disclosure notices for the sale of real
 1-3     property governed by a property owners' association and requiring
 1-4     the filing of dedicatory instruments governing property owners'
 1-5     associations.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Subchapter A, Chapter 5, Property Code, is
 1-8     amended by adding Section 5.012 to read as follows:
 1-9           Sec. 5.012.  NOTICE OF OBLIGATIONS RELATED TO MEMBERSHIP IN
1-10     PROPERTY OWNERS' ASSOCIATION.  (a)  A seller of residential real
1-11     property that is subject to membership in a property owners'
1-12     association and that comprises not more than one dwelling unit
1-13     located in this state shall give to the purchaser of the property a
1-14     written notice that reads substantially similar to the following:
1-15            NOTICE OF MEMBERSHIP IN PROPERTY OWNERS' ASSOCIATION
1-16                 CONCERNING THE PROPERTY AT (street address)
1-17                       (name of residential community)
1-18           As a purchaser of property in the residential community in
1-19     which this property is located, you are obligated to be a member of
1-20     a property owners' association.  Restrictive covenants governing
1-21     the use and occupancy of the property and a dedicatory instrument
1-22     governing the establishment, maintenance, and operation of this
1-23     residential community have been or will be recorded in the Real
1-24     Property Records of the county in which the property is located.
 2-1     Copies of the restrictive covenants and dedicatory instrument may
 2-2     be obtained from the county clerk.
 2-3           You are obligated to pay assessments to the property owners'
 2-4     association.  The amount of the assessments is subject to change.
 2-5     Your failure to pay the assessments could result in a lien on and
 2-6     the foreclosure of your property.
 2-7     Date:__________       _____________________________________________
 2-8                           Signature of Purchaser
 2-9           (b)  The seller shall deliver the notice to the purchaser
2-10     before the date the executory contract binds the purchaser to
2-11     purchase the property.  The notice may be given separately, as part
2-12     of the contract during negotiations, or as part of any other notice
2-13     the seller delivers to the purchaser.  If the notice is included as
2-14     part of the executory contract or another notice, the title of the
2-15     notice prescribed by this section, the references to the street
2-16     address and date in the notice, and the purchaser's signature on
2-17     the notice may be omitted.
2-18           (c)  This section does not apply to a transfer:
2-19                 (1)  under a court order or foreclosure sale;
2-20                 (2)  by a trustee in bankruptcy;
2-21                 (3)  to a mortgagee by a mortgagor or successor in
2-22     interest or to a beneficiary of a deed of trust by a trustor or
2-23     successor in interest;
2-24                 (4)  by a mortgagee or a beneficiary under a deed of
2-25     trust who has acquired the land at a sale conducted under a power
2-26     of sale under a deed of trust or a sale under a court-ordered
2-27     foreclosure or has acquired the land by a deed in lieu of
 3-1     foreclosure;
 3-2                 (5)  by a fiduciary in the course of the administration
 3-3     of a decedent's estate, guardianship, conservatorship, or trust;
 3-4                 (6)  from one co-owner to another co-owner of an
 3-5     undivided interest in the real property;
 3-6                 (7)  to a spouse or a person in the lineal line of
 3-7     consanguinity of the seller;
 3-8                 (8)  to or from a governmental entity;
 3-9                 (9)  of only a mineral interest, leasehold interest, or
3-10     security interest; or
3-11                 (10)  of a real property interest in a condominium.
3-12           (d)  If an executory contract is entered into without the
3-13     seller providing the notice required by this section, the purchaser
3-14     may terminate the contract for any reason within the earlier of:
3-15                 (1)  seven days after the date the purchaser receives
3-16     the notice; or
3-17                 (2)  the date the transfer occurs as provided by the
3-18     executory contract.
3-19           (e)  The purchaser's right to terminate the executory
3-20     contract under Subsection (d) is the purchaser's exclusive remedy
3-21     for the seller's failure to provide the notice required by this
3-22     section.
3-23           SECTION 2.  Chapter 202, Property Code, is amended by adding
3-24     Section 202.006 to read as follows:
3-25           Sec. 202.006.  PUBLIC RECORDS.  A property owners'
3-26     association shall file the dedicatory instrument in the real
3-27     property records of each county in which the property to which the
 4-1     dedicatory instrument relates is located.
 4-2           SECTION 3.  (a)  Except as provided by Subsection (b) of this
 4-3     section, this Act takes effect September 1, 1999.
 4-4           (b)  Section 5.012, Property Code, as added by this Act,
 4-5     takes effect January 1, 2000, and applies only to an executory
 4-6     contract that is binding on a seller and purchaser on or after
 4-7     January 1, 2000.
 4-8           SECTION 4.  Not later than January 1, 2000, each property
 4-9     owners' association shall present for recording with the county
4-10     clerk as prescribed by Section 202.006, Property Code, as added by
4-11     this Act, each dedicatory instrument governing the association that
4-12     has not been previously recorded in the real property records of
4-13     the county.
4-14           SECTION 5.  The importance of this legislation and the
4-15     crowded condition of the calendars in both houses create an
4-16     emergency and an imperative public necessity that the
4-17     constitutional rule requiring bills to be read on three several
4-18     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2224 was passed by the House on May
         4, 1999, by a non-record vote; that the House refused to concur in
         Senate amendments to H.B. No. 2224 on May 21, 1999, and requested
         the appointment of a conference committee to consider the
         differences between the two houses; and that the House adopted the
         conference committee report on H.B. No. 2224 on May 29, 1999, by a
         non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2224 was passed by the Senate, with
         amendments, on May 19, 1999, by a viva-voce vote; at the request of
         the House, the Senate appointed a conference committee to consider
         the differences between the two houses; and that the Senate adopted
         the conference committee report on H.B. No. 2224 on May 30, 1999,
         by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor