By Williams H.B. No. 3407
76R4769 JRD-D
A BILL TO BE ENTITLED
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;
1-13 (2) the property owners' association has the power to
1-14 make mandatory special assessments for capital improvements or
1-15 mandatory regular assessments; and
1-16 (3) the amount of the mandatory special or regular
1-17 assessments is or has ever been based in whole or in part on the
1-18 value at which the state or a local governmental body assesses the
1-19 property for purposes of ad valorem taxation under Section 20,
1-20 Article VIII, Texas Constitution.
1-21 (b) The governing body of the association, a committee of
1-22 the association, and members of the governing body or of a
1-23 committee of the association are subject to this chapter in the
1-24 same manner as the governing body of a governmental body, a
2-1 committee of a governmental body, and members of the governing body
2-2 or of a committee of the governmental body.
2-3 SECTION 2. Subchapter A, Chapter 552, Government Code, is
2-4 amended by adding Section 552.0035 to read as follows:
2-5 Sec. 552.0035. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT
2-6 TO LAW. A property owners' association is subject to this chapter
2-7 in the same manner as a governmental body if:
2-8 (1) membership in the property owners' association is
2-9 mandatory for owners or for a defined class of owners of private
2-10 real property in a defined geographic area;
2-11 (2) the property owners' association has the power to
2-12 make mandatory special assessments for capital improvements or
2-13 mandatory regular assessments; and
2-14 (3) the amount of the mandatory special or regular
2-15 assessments is or has ever been based in whole or in part on the
2-16 value at which the state or a local governmental body assesses the
2-17 property for purposes of ad valorem taxation under Section 20,
2-18 Article VIII, Texas Constitution.
2-19 SECTION 3. This Act takes effect September 1, 1999. Section
2-20 551.0015, Government Code, as added by this Act, applies only in
2-21 relation to a meeting of a property owners' association held on or
2-22 after that date.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.