79R5678 AJA-D

By:  Hochberg                                                     H.B. No. 1240



A BILL TO BE ENTITLED

AN ACT

relating to maintenance of a common nuisance on the property of a 
condominium owners' association.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 125.001(3), Civil Practice and Remedies 
Code, is amended to read as follows:
		(3)  "Multiunit residential property" means improved 
real property with at least three dwelling units, including an 
apartment building, condominium, hotel, or motel.  The term does 
not include [:
			[(A)  a property in which each dwelling unit is 
occupied by the owner of the property; or
			[(B)]  a single-family home or duplex.                      
	SECTION 2.  Section 125.002(b), Civil Practice and Remedies 
Code, is amended to read as follows:
	(b)  A person may bring a suit under Subsection (a) against 
any person who maintains, owns, uses, or is a party to the use of a 
place for purposes constituting a nuisance under this subchapter 
and may bring an action in rem against the place itself.  A council 
of owners, as defined by Section 81.002, Property Code, or a unit 
owners' association organized under Section 82.101, Property Code, 
may be sued under this subsection if the council or association 
maintains, owns, uses, or is a party to the use of the common areas 
of the council's or association's condominium for purposes 
constituting a nuisance.
	SECTION 3.  The change in law made by this Act applies only 
to a cause of action that accrues on or after the effective date of 
this Act.  A cause of action that accrues before the effective date 
of this Act is governed by the law in effect immediately before that 
date, and that law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.