Amend CSSB 979 (Senate committee printing) as follows:
(1) In SECTION 2 of the bill, in the recital, strike
"Subsection (f)" (page 1, line 19) and substitute "Subsections (f)
and (g)".
(2) In SECTION 2 of the bill, strike added Subsection (f),
Section 5.012, Property Code (page 1, lines 52 through 56), and
substitute the following:
(f) On the purchaser's request for a resale certificate from
the seller, the seller shall:
(1) promptly deliver a copy of a current resale
certificate if one has been issued for the property under Chapter
207; or
(2) if the seller does not have a current resale
certificate:
(A) request the property owners' association or
its agent to issue a resale certificate under Chapter 207; and
(B) promptly deliver a copy of the resale
certificate to the purchaser on receipt of the resale certificate
from the property owners' association or its agent.
(g) The seller or the purchaser, as agreed to by the
parties, shall pay the fee to the property owners' association or
its agent for issuing the resale certificate under Chapter 207.
(3) In SECTION 4 of the bill, in Subdivision (14),
Subsection (b), Section 207.003, Property Code (page 3, line 12),
strike "and" and substitute "[and]".
(4) In SECTION 4 of the bill, in Subdivision (15),
Subsection (b), Section 207.003, Property Code, between
"assessments" and the period (page 3, line 15), insert the
following:
; and
(16) a statement of all fees associated with the
transfer of ownership, including a description of each fee, to whom
each fee is paid, and the amount of each fee
(5) In SECTION 5 of the bill, in the heading of added Section
209.0041, Property Code, strike "RESTRICTIVE COVENANTS" (page 3,
line 18) and substitute "DECLARATION".
(6) In SECTION 5 of the bill, in added Subsection (b),
Section 209.0041, Property Code, strike "or restriction" wherever
it appears (page 3, lines 22 and 23).
(7) In SECTION 5 of the bill, in added Subsection (e),
Section 209.0041, Property Code, strike "restrictions" (page 3,
line 32) and substitute "declarations" and strike "51" (page 3,
line 32) and substitute "67".
(8) In SECTION 5 of the bill, between added Section
209.0041, Property Code, and added Section 209.0042, Property Code
(page 3, between lines 35 and 36), insert the following:
(f) All ballots cast in an election that results in the
amendment of a declaration under this section shall be filed of
record in each county in which the declaration is recorded.
(9) In SECTION 5 of the bill, strike added Subsection (a),
Section 209.0042, Property Code (page 3, lines 36 through 43), and
substitute the following:
(a) In any matter subject to a vote of the members of the property
owners' association, the association shall utilize a neutral third
party to tabulate the votes:
(1) if the association schedules the election with
less than 30 days' notice; or
(2) for an election scheduled with notice of 30 days or
more, if the association receives written requests from at least 25
percent of the owners of property in the subdivision or 50 owners of
property in the subdivision, whichever is less:
(A) at least 10 days before the date of the
meeting at which the vote will be taken; or
(B) if no meeting is to be held, at least 10 days
before the deadline to cast a vote.
(10) In SECTION 5 of the bill, strike added Sections
209.0043 and 209.0044, Property Code (page 3, lines 52 through 63),
and substitute the following:
Sec. 209.0043. RIGHT TO VOTE. A provision of a dedicatory
instrument that would disqualify a property owner from voting in an
association election of board members or on any matter concerning
the rights or responsibilities of the owner is void.
Sec. 209.0044. BOARD MEMBERSHIP. (a) A provision of a
dedicatory instrument that restricts a property owner's right to
run for a position on the board of the property owners' association
is void.
(b) A property owners' association board may make
information available to members of the association regarding a
candidate for a position on the board regarding:
(1) any amount owed to the association by the
candidate that is six months or more overdue;
(2) any violation of a restrictive covenant of which
notice was delivered to a board candidate under Section 209.006
more than 30 days before the date of the election; and
(3) any lawsuits to which both the property owners'
association or any of its directors or agents and the board
candidate are a party.
(11) In SECTION 6 of the bill, in the recital, strike
"adding Subsection (c)" (page 3, line 65) and substitute "amending
Subsection (a) and adding Subsection (c)".
(12) In SECTION 6 of the bill, between the recital and added
Subsection (c), Section 209.005, Property Code (page 3, between
lines 65 and 66), insert the following:
(a) A property owners' association shall make the books and
records of the association, including financial records,
reasonably available to an owner in accordance with Section B,
Article 2.23, Texas Non-Profit Corporation Act (Article 1396-2.23,
Vernon's Texas Civil Statutes), or a successor to that statute.
(13) In SECTION 7 of the bill, in added Subsection (c),
Section 209.006, Property Code, strike "five-day return requested"
(page 4, line 29) and substitute "return receipt requested".
(14) In SECTION 8 of the bill, between added Section
209.0061, Property Code, and added Section 209.0062, Property Code
(page 4, between lines 52 and 53), insert the following:
(c) Sections 209.006 and 209.007 apply to a nonowner
occupant.
(15) In SECTION 8 of the bill, in added Subsection (a),
Section 209.0062, Property Code, before "guidelines", insert
"reasonable" (page 4, line 55).
(16) In SECTION 8 of the bill, in added Subdivision (3),
Section 209.0063, Property Code, between "assessments" and the
semicolon (page 5, line 5), insert "or any other charge that could
provide the basis for foreclosure".
(17) In SECTION 8 of the bill, in added Subdivision (5),
Section 209.0063, Property Code, strike "associated solely with
fines assessed by the association" (page 5, line 8) and substitute
"that are not subject to Subdivision (3)".
(18) Strike SECTION 10 of the bill (page 5, lines 34 through
41) and renumber subsequent SECTIONS accordingly.
(19) In existing SECTION 13 of the bill, strike Subsection
(d) (page 6, lines 3 through 5) and Subsection (i) (page 6, lines 33
through 37) and reletter remaining subsections of the SECTION
accordingly.