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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a family home within a property |
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owners association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 202.003(b), Property Code, is amended, and |
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Sections (c)-(f) added, to read as follows. |
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(b) In this subsection and in subsections (c)-(f), "family |
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home" is a residential home that meets the definition of and |
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requirements applicable to a family home under Texas Human |
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Resources Code, Section 123.004 the Community Homes for Disabled
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Persons Location Act, (Article 1011n, Vernon's Texas Civil
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Statutes). Subject to subsection (c), Aa dedicatory instrument or |
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restrictive covenant may not be construed to prevent the use of a |
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property as a family home. Any restrictive covenant that applies to |
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a property used as a family home shall be liberally construed to |
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give effect to its purposes and intent except to the extent that the |
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construction would restrict the use as a family home. |
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(c) Any family home that is not protected by the Federal |
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Fair Housing Act (24 CFR 100 et seq), must apply to and receive the |
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approval of the property owners association, as that term is |
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defined by Texas Property Code, Section 209.002 prior to the |
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property being utilized as a family home. |
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(d) The applicant seeking the establishment of a family home |
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as described under Texas Human Resources Code, Section 123.004 |
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shall notify the association by receipted delivery to the |
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association's board of directors, property manager or attorney at |
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such time as the contract for property located within the |
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jurisdiction of the homeowner's association is signed by the |
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applicant. Such notification shall clearly state the applicant's |
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intentions, and fully disclose its purpose, including, but not |
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limited to, a statement of all licenses required for such a family |
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home, a copy of all Federal income tax filings, and the name, |
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mailing address and phone number for all agencies that have |
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regulatory authority over the proposed family home. |
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(e) Any correspondence from the applicant to the property |
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owners association via the property owners association's board of |
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directors, property manager, or attorney, shall be made available |
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to the members of the property owners association, with the |
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exception of attorney-client privileged communication. |
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(f) All residents and occupants of a family home must comply |
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with all dedicatory instruments of the property owners association. |
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(g) The current homeowner shall provide all potential |
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buyers with a copy of the homeowner's association rules and bylaws |
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when the home is put on the market for sale. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |