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Amend SB 244, in SECTION 1 of the bill, in Section 209.009,
Property Code (committee printing page 1, between lines 28 and 29)
by adding a new Subsection (c) to read as follows:
(c) Subsection (b) does not apply to a payment received by a
property owners' association if:
(1) membership in the property owners' association is
mandatory for owners or for a defined class of owners of private
real property in a defined geographic area in a county with a
population of 3.3 million or more or in a county adjacent to a
county with a population of 3.3 million or more;
(2) the property owners' association has the power to
make mandatory special assessments for capital improvements or
mandatory regular assessments; and
(3) the amount of the mandatory special or regular
assessments is or has ever been based in whole or in part on the
value at which the state or a local governmental body assesses the
property for purposes of ad valorem taxation under Section 20,
Article VIII, Texas Constitution.