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A BILL TO BE ENTITLED
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AN ACT
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relating to the meetings and records of certain property owners' |
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associations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.0015, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A property owners' association is subject to this |
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chapter in the same manner as a governmental body if: |
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(1) membership in the property owners' association is |
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mandatory for owners or for a defined class of owners of private |
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real property in a residential subdivision [defined geographic area
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in a county with a population of 2.8 million or more or in a county
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adjacent to a county with a population of 2.8 million or more]; and |
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(2) the property owners' association has the power to |
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make mandatory special assessments [for capital improvements] or |
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mandatory regular assessments[; and
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[(3) the amount of the mandatory special or regular
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assessments is or has ever been based in whole or in part on the
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value at which the state or a local governmental body assesses the
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property for purposes of ad valorem taxation under Section 20,
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Article VIII, Texas Constitution]. |
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(c) In this section, "property owners' association," |
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"regular assessment," "residential subdivision," and "special |
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assessment" have the meanings assigned by Section 209.002, Property |
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Code. |
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SECTION 2. Section 552.0036, Government Code, is amended to |
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read as follows: |
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Sec. 552.0036. CERTAIN PROPERTY OWNERS' ASSOCIATIONS |
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SUBJECT TO LAW. (a) In this section, "property owners' |
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association," "regular assessment," "residential subdivision," and |
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"special assessment" have the meanings assigned by Section 209.002, |
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Property Code. |
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(b) A property owners' association is subject to this |
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chapter in the same manner as a governmental body if: |
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(1) membership in the property owners' association is |
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|
mandatory for owners or for a defined class of owners of private |
|
|
real property in a residential subdivision [defined geographic area
|
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|
in a county with a population of 2.8 million or more or in a county
|
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|
adjacent to a county with a population of 2.8 million or more]; and |
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|
(2) the property owners' association has the power to |
|
|
make mandatory special assessments [for capital improvements] or |
|
|
mandatory regular assessments[; and
|
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|
[(3) the amount of the mandatory special or regular
|
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|
assessments is or has ever been based in whole or in part on the
|
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|
value at which the state or a local governmental body assesses the
|
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|
property for purposes of ad valorem taxation under Section 20,
|
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Article VIII, Texas Constitution]. |
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SECTION 3. Section 209.005(a), Property Code, is amended to |
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read as follows: |
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(a) A property owners' association shall make the books and |
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records of the association, including financial records, |
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reasonably available to any person requesting access to the books |
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or records [an owner] in accordance with Chapter 552, Government |
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Code [Section B, Article 2.23, Texas Non-Profit Corporation Act
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(Article 1396-2.23, Vernon's Texas Civil Statutes)]. |
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SECTION 4. (a) Section 551.0015, Government Code, as |
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amended by this Act, applies only to a property owners' association |
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meeting that is held on or after September 1, 2007. A property |
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owners' association meeting that is held before September 1, 2007, |
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is governed by the law in effect at the time the meeting was held, |
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and that law is continued in effect for that purpose. |
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(b) Section 552.0036, Government Code, as amended by this |
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Act, applies only to a request for records or information made to a |
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property owners' association on or after September 1, 2007. A |
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request for records or information that is made before September 1, |
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2007, is governed by the law in effect at the time the request was |
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made, and that law is continued in effect for that purpose. |
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(c) Section 209.005, Property Code, as amended by this Act, |
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applies only to a request for access to records or information made |
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to a property owners' association on or after September 1, 2007. A |
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request for access to records or information that is made before |
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September 1, 2007, is governed by the law in effect at the time the |
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request was made, and that law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |