| 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 local public officials in certain counties to enforce certain provisions relating to real property.), Committee Report 1st House, Substituted |
The bill would authorize the county attorney, district attorney, or authorized county official 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, district attorney, or authorized county official 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. Current statute also does not authorize these actions by the district attorney or county official authorized to initiate civil enforcement actions in the county.
It is estimated that costs associated with a suit that may be filed 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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