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Amend CSSB 142 (house committee printing) as follows:
(1) In SECTION 7 of the bill, strike the recital (page 5, lines 14-15) and substitute the following:
Section 202.004, Property Code, is amended by amending Subsection (c) and adding Subsections (d), (e), (f), and (g) to read as follows:
(2) In SECTION 7 of the bill, after amended Section 202.004(c), Property Code (page 5, between lines 22 and 23), insert the following:
(d) In evaluating an alleged or potential violation of a restrictive covenant, a property owners' association board shall make a reasonable accommodation with respect to a person with a disability that has been evidenced by a written report by a physician. In the absence of clear and convincing evidence that the accommodation will create a substantial and imminent risk to public safety or require a substantial expenditure by the property owners' association for physical improvements, the board may not enforce a restrictive covenant in a manner that is inconsistent with the physician's report or that imposes an undue hardship on the person.
(e) A determination by the property owners' association board to not enforce a restrictive covenant under Subsection (d) may not be considered a waiver of the association's authority to enforce any dedicatory instrument provision in the future.
(f) A property owners' association board shall document the following information in the minutes of the board meeting and provide a copy of the minutes to a person subject to an enforcement of a restrictive covenant under circumstances described by Subsection (d):
(1) the specific facts and circumstances constituting a public safety risk or requiring a substantial expenditure under Subsection (d);
(2) the person subjected to the enforcement of the covenant; and
(3) the board members voting for and against the enforcement of the covenant.
(g) A determination made in violation of Subsection (d) or (f) is void and unenforceable.