1-1 AN ACT
1-2 relating to applying the open meetings and open records laws to
1-3 certain property owners' associations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 551, Government Code, is
1-6 amended by adding Section 551.0015 to read as follows:
1-7 Sec. 551.0015. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT
1-8 TO LAW. (a) A property owners' association is subject to this
1-9 chapter in the same manner as a governmental body if:
1-10 (1) membership in the property owners' association is
1-11 mandatory for owners or for a defined class of owners of private
1-12 real property in a defined geographic area in a county with a
1-13 population of 2.8 million or more or in a county adjacent to a
1-14 county with a population of 2.8 million or more;
1-15 (2) the property owners' association has the power to
1-16 make mandatory special assessments for capital improvements or
1-17 mandatory regular assessments; and
1-18 (3) the amount of the mandatory special or regular
1-19 assessments is or has ever been based in whole or in part on the
1-20 value at which the state or a local governmental body assesses the
1-21 property for purposes of ad valorem taxation under Section 20,
1-22 Article VIII, Texas Constitution.
1-23 (b) The governing body of the association, a committee of
1-24 the association, and members of the governing body or of a
2-1 committee of the association are subject to this chapter in the
2-2 same manner as the governing body of a governmental body, a
2-3 committee of a governmental body, and members of the governing body
2-4 or of a committee of the governmental body.
2-5 SECTION 2. Subchapter A, Chapter 552, Government Code, is
2-6 amended by adding Section 552.0035 to read as follows:
2-7 Sec. 552.0035. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT
2-8 TO LAW. A property owners' association is subject to this chapter
2-9 in the same manner as a governmental body if:
2-10 (1) membership in the property owners' association is
2-11 mandatory for owners or for a defined class of owners of private
2-12 real property in a defined geographic area in a county with a
2-13 population of 2.8 million or more or in a county adjacent to a
2-14 county with a population of 2.8 million or more;
2-15 (2) the property owners' association has the power to
2-16 make mandatory special assessments for capital improvements or
2-17 mandatory regular assessments; and
2-18 (3) the amount of the mandatory special or regular
2-19 assessments is or has ever been based in whole or in part on the
2-20 value at which the state or a local governmental body assesses the
2-21 property for purposes of ad valorem taxation under Section 20,
2-22 Article VIII, Texas Constitution.
2-23 SECTION 3. This Act takes effect September 1, 1999. Section
2-24 551.0015, Government Code, as added by this Act, applies only in
2-25 relation to a meeting of a property owners' association held on or
2-26 after that date.
2-27 SECTION 4. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 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. 3407 was passed by the House on May
13, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3407 was passed by the Senate on May
26, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor