By Carona                                             S.R. No. 1248
         77R18061 PAM-D                           
                                 R E S O L U T I O N
 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 Section
1-10     209.006(b)(2)(A), Property Code, to read as follows:
1-11           (b)  The notice must:
1-12                 (1)  describe the violation or property damage that is
1-13     the basis for the suspension action, charge, or fine and state any
1-14     amount due the association from the owner; and
1-15                 (2)  inform the owner that the owner:
1-16                       (A)  is entitled to a reasonable period to cure
1-17     the violation and avoid the fine or suspension unless the owner was
1-18     given notice and a reasonable opportunity to cure a similar
1-19     violation within the preceding six months; and
1-20                       (B)  may request a hearing under Section 209.007
1-21     on or before the 30th day after the date the owner receives the
1-22     notice.
1-23           Explanation:  The changed text is necessary to more
1-24     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.