Amend HB 3128 (committee printing) as follows:                               

(1)  On page 1, line 2, after "service of process", strike 	"or notices by a municipality with a population of more than 1.9 
million on certain condominiums" and substitute "on condominium 
unit owners and condominium unit owners' associations in certain 
municipalities".
	(2)  On page 1, strike all below the enacting clause and 
substitute the following:
	SECTION 1.  Section 82.002(c), Property Code, is amended to 
read as follows: 
	(c)  This section and the following sections apply to a 
condominium in this state for which the declaration was recorded 
before January 1, 1994:  Sections 82.005, 82.006, 82.007, 82.053, 
82.054, 82.102(a)(1)-(7) and (12)-(22), 82.108, 82.111, 82.113, 
82.114, 82.116, 82.118, 82.157, and 82.161.  The definitions 
prescribed by Section 82.003 apply to a condominium in this state 
for which the declaration was recorded before January 1, 1994, to 
the extent the definitions do not conflict with the declaration.  
The sections listed in this subsection apply only with respect to 
events and circumstances occurring on or after January 1, 1994, and 
do not invalidate existing provisions of the declaration, bylaws, 
or plats or plans of a condominium for which the declaration was 
recorded before January 1, 1994.
	SECTION 2.  Subchapter C, Chapter 82, Property Code, is 
amended by adding Section 82.118 to read as follows:
	Sec. 82.118.  SERVICE OF PROCESS ON UNIT OWNERS.  (a)  A unit 
owner of a condominium located wholly or partly in a municipality 
with a population of more than 1.9 million may be served with 
process by the municipality or the municipality's agent for a 
judicial or administrative proceeding initiated by the 
municipality and directly related to the unit owner's property 
interest in the condominium by serving the unit owner at the unit 
owner's last known address, according to the records of the 
appraisal district in which the condominium is located, by any 
means permitted by Rule 21a, Texas Rules of Civil Procedure.
	(b)  Notwithstanding Subsection (a), a unit owner may not 
offer proof in the judicial or administrative proceeding, or in a 
subsequent related proceeding, that otherwise proper service by 
mail of the notice was not received not later than three days after 
the date the notice was deposited in a post office or official 
depository under the care and custody of the United States Postal 
Service.
	SECTION 3.  Section 82.153(a), Property Code, is amended to 
read as follows: 
	(a)  A condominium information statement must contain or 
accurately disclose:
		(1)  the name and principal address of the declarant 
and of the condominium;
		(2)  a general description of the condominium that 
includes the types of units and the maximum number of units;
		(3)  the minimum and maximum number of additional 
units, if any, that may be included in the condominium;
		(4)  a brief narrative description of any development 
rights reserved by a declarant and of any conditions relating to or 
limitations upon the exercise of development rights;
		(5)  copies of the declaration, articles of 
incorporation of the association, the bylaws, any rules of the 
association, and amendments to any of them, and copies of leases and 
contracts, other than loan documents, that are required by the 
declarant to be signed by purchasers at closing;
		(6)  a projected or pro forma budget for the 
association that complies with Subsection (b) for the first fiscal 
year of the association following the date of the first conveyance 
to a purchaser, identification of the person who prepared the 
budget, and a statement of the budget's assumptions concerning 
occupancy and inflation factors;
		(7)  a general description of each lien, lease, or 
encumbrance on or affecting the title to the condominium after 
conveyance by the declarant;
		(8)  a copy of each written warranty provided by the 
declarant;             
		(9)  a description of any unsatisfied judgments against 
the association and any pending suits to which the association is a 
party or which are material to the land title and construction of 
the condominium of which a declarant has actual knowledge;
		(10)  a general description of the insurance coverage 
provided for the benefit of unit owners; [and]
		(11)  current or expected fees or charges to be paid by 
unit owners for the use of the common elements and other facilities 
related to the condominium; and
		(12)  for a condominium located wholly or partly in a 
municipality with a population of more than 1.9 million a statement 
that a unit owner:
			(A)  as an alternative to personal service, may be 
served with process by the municipality or the municipality's agent 
for a judicial or administrative proceeding initiated by the 
municipality and directly related to the unit owner's property 
interest in the condominium by serving the unit owner at the unit 
owner's last known address, according to the records of the 
appraisal district in which the condominium is located, by any 
means permitted by Rule 21a, Texas Rules of Civil Procedure;
			(B)  shall promptly notify the appraisal district 
of a change in the unit owner's mailing address; and
			(C)  may not offer proof in the judicial or 
administrative proceeding, or in a subsequent related proceeding, 
that otherwise proper service by mail of the notice was not received 
not later than three days after the date the notice was deposited in 
a post office or official depository under the care and custody of 
the United States Postal Service.
	SECTION 4.  Section 54.035, Local Government Code, is 
amended by amending Subsections (a), (d), (e), and (f) and adding 
Subsections (a-1) and (a-2) to read as follows:
	(a)  Except as provided by Subsections (a-1) and (a-2), 
notice [Notice] of all proceedings before the commission panels 
must be given:
		(1)  by personal delivery, by certified mail with 
return receipt requested, or by delivery by the United States 
Postal Service using signature confirmation service, to the record 
owners of the affected property, and each holder of a recorded lien 
against the affected property, as shown by the records in the office 
of the county clerk of the county in which the affected property is 
located if the address of the lienholder can be ascertained from the 
deed of trust establishing the lien or [and/or] other applicable 
instruments on file in the office of the county clerk; and
		(2)  to all unknown owners, by posting a copy of the 
notice on the front door of each improvement situated on the 
affected property or as close to the front door as practicable.
	(a-1)  Notice to a condominium association of a proceeding 
before a commission panel relating to a condominium, as defined by 
Section 81.002 or 82.003, Property Code, located wholly or partly 
in a municipality with a population of more than 1.9 million must be 
served by personal service, by certified mail, return receipt 
requested, or by the United States Postal Service using signature 
confirmation service, to the registered agent of the unit owners' 
association.
	(a-2)  Notice to an owner of a unit of a condominium, as 
defined by Section 81.002 or 82.003, Property Code, located wholly 
or partly in a municipality with a population of more than 1.9 
million must be given in accordance with Section 82.118, Property 
Code.
	(d)  A municipality must exercise due diligence to determine 
the identity and address of a property owner, [or] lienholder, or 
registered agent to whom the municipality is required to give 
notice.
	(e)  A municipality exercises due diligence in determining 
the identity and address of a property owner, [or] lienholder, or 
registered agent when it follows the procedures for service under 
Section 82.118, Property Code, or searches the following records:
		(1)  county real property records of the county in 
which the property is located;
		(2)  appraisal district records of the appraisal 
district in which the property is located;
		(3)  records of the secretary of state, if the property 
owner, [or] lienholder, or registered agent is a corporation, 
partnership, or other business association;
		(4)  assumed name records of the county in which the 
property is located;   
		(5)  tax records of the municipality;  and                                    
		(6)  utility records of the municipality.                                     
	(f)  When a municipality mails a notice in accordance with 
this section to a property owner, [or] lienholder, or registered 
agent and the United States Postal Service returns the notice as 
"refused" or "unclaimed," the validity of the notice is not 
affected, and the notice is considered delivered.
	SECTION 5.  Section 214.001, Local Government Code, is 
amended by amending Subsections (b) and (r) and adding Subsection 
(b-1) to read as follows:
	(b)  The ordinance must:                                                       
		(1)  establish minimum standards for the continued use 
and occupancy of all buildings regardless of the date of their 
construction;
		(2)  provide for giving proper notice, subject to 
Subsection (b-1), to the owner of a building;  and
		(3)  provide for a public hearing to determine whether 
a building complies with the standards set out in the ordinance.
	(b-1)  For a condominium, as defined by Section 81.002 or 
82.003, Property Code, located wholly or partly in a municipality 
with a population of more than 1.9 million, notice to a unit owner 
in accordance with Section 82.118, Property Code, and notice to the 
registered agent for the unit owners' association in the manner 
provided for service of process to a condominium association under 
Section 54.035(a-1) satisfy the notice requirements under this 
section.
	(r)  When a municipality mails a notice in accordance with 
this section to a property owner, lienholder, [or] mortgagee, or 
registered agent and the United States Postal Service returns the 
notice as "refused" or "unclaimed," the validity of the notice is 
not affected, and the notice is considered delivered.
	SECTION 6.  This Act takes effect September 1, 2009.