By: Carona S.R. No. 1248 SENATE RESOLUTION 1-1 BE IT RESOLVED by the Senate of the State of Texas, 77th 1-2 Legislature, Regular Session, 2001, That Senate Rule 12.03 be 1-3 suspended in part as provided by Senate Rule 12.08 to enable the 1-4 conference committee appointed to resolve the differences on Senate 1-5 Bill No. 507, relating to residential subdivisions that require 1-6 membership in a property owners' association. 1-7 (1) Senate Rule 12.03(1) is suspended to permit the 1-8 committee to change text that is not in disagreement by 1-9 substituting "six months" for "12 months" in added Paragraph (A), 1-10 Subdivision (2), Subsection (b), Section 209.006, Property Code, to 1-11 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 1-25 adequately protect the rights of property owners. 2-1 (2) Senate Rule 12.03(1) is suspended to permit the 2-2 committee to amend proposed Section 209.011(a), Property Code, to 2-3 change text that is not in disagreement to read as follows: 2-4 (a) A property owners' association or other person who 2-5 purchases occupied property at a sale foreclosing a property 2-6 owners' association's assessment lien must commence and prosecute a 2-7 forcible entry and detainer action under Chapter 24 to recover 2-8 possession of the property. 2-9 Explanation: The changed text is necessary to clarify that a 2-10 person who purchases property at a sale foreclosing a property 2-11 owners' assessment lien is only required to commence a forcible 2-12 entry and detainer action if the property purchased is occupied at 2-13 the time of the purchase. 2-14 ______________________________________ 2-15 President of the Senate 2-16 I hereby certify that the above 2-17 Resolution was adopted by the Senate 2-18 on May 27, 2001, by the following 2-19 vote: Yeas 30, Nays 0, one present 2-20 not voting. 2-21 ______________________________________ 2-22 Secretary of the Senate