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.