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