R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 77th Legislature, Regular Session, 2001, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on Senate Bill No. 507, relating to
1-6 residential subdivisions that require membership in a property
1-7 owners' association.
1-8 (1) House Rule 13, Section 9(a)(1), is suspended to permit
1-9 the committee to change text that is not in disagreement by
1-10 substituting "six months" for "12 months" in added Section
1-11 209.006(b)(2)(A), Property Code, to read as follows:
1-12 (b) The notice must:
1-13 (1) describe the violation or property damage that is
1-14 the basis for the suspension action, charge, or fine and state any
1-15 amount due the association from the owner; and
1-16 (2) inform the owner that the owner:
1-17 (A) is entitled to a reasonable period to cure
1-18 the violation and avoid the fine or suspension unless the owner was
1-19 given notice and a reasonable opportunity to cure a similar
1-20 violation within the preceding six months; and
1-21 (B) may request a hearing under Section 209.007
1-22 on or before the 30th day after the date the owner receives the
1-23 notice.
1-24 Explanation: The changed text is necessary to more adequately
2-1 protect the rights of property owners.
2-2 (2) House Rule 13, Section 9(a)(1), is suspended to permit
2-3 the committee to amend proposed Section 209.011(a), Property Code,
2-4 to change text that is not in disagreement to read as follows:
2-5 (a) A property owners' association or other person who
2-6 purchases occupied property at a sale foreclosing a property
2-7 owners' association's assessment lien must commence and prosecute a
2-8 forcible entry and detainer action under Chapter 24 to recover
2-9 possession of the property.
2-10 Explanation: The changed text is necessary to clarify that a
2-11 person who purchases property at a sale foreclosing a property
2-12 owners' assessment lien is only required to commence a forcible
2-13 entry and detainer action if the property purchased is occupied at
2-14 the time of the purchase.
Dutton
_______________________________
Speaker of the House
I certify that H.R. No. 1378 was adopted by the House on May
27, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House