| TO: | Honorable Jeff Wentworth, Chair, Senate Committee on Jurisprudence |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | SB534 by Lindsay (Relating to the authority of county attorneys in certain counties to enforce certain provisions relating to real property.), As Introduced |
The bill would authorize the county attorney in a county with a population of more than 200,000 to sue in a court of competent jurisdiction to enjoin or abate a violation of Title 11 (Restrictive Covenants) of the Property Code by a property owners' association or an owner. The bill would also authorize the county attorney to sue to recover a reasonable penalty, as determined by the court, from a property owners' association or an owner that commits a violation. The bill would take effect September 1, 2005 and would apply only to a violation that occurs on or after that date.
Under current statute, the applicable county attornies may sue to enjoin or abate violations of a restriction related to a real property subdivision located in the county, but does not specify violations by property owners' assosications or owners. Current statute does not authorize a county attorney to recover property from a property owners' association or owner.
It is estimated that costs associated with a suit that may be filed by an applicable county attorney would be absorbed using existing resources. If a court were to award the recovery of property to the county, that would provide a positive fiscal impact to the county to offset enforcement and prosecution costs.
No significant fiscal implication to units of local government is anticipated.
| Source Agencies: |
| LBB Staff: | JOB, DLBa
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