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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: |
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(1) if: |
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(A) membership in the property owners' |
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association is mandatory for owners or for a defined class of owners |
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of private real property in a residential subdivision [defined
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geographic area in a county with a population of 2.8 million or more
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or in a county adjacent to a county with a population of 2.8 million
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or more]; and |
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(B) the property owners' association has the |
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power to make mandatory special assessments [for capital
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improvements] or mandatory regular assessments[; and
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[(C)
the amount of the mandatory special or
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regular assessments is or has ever been based in whole or in part on
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the value at which the state or a local governmental body assesses
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the property for purposes of ad valorem taxation under Section 20,
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Article VIII, Texas Constitution]; or |
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(2) if the property owners' association: |
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(A) provides maintenance, preservation, and |
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architectural control of residential and commercial property |
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within a defined geographic area in a county with a population of |
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2.8 million or more or in a county adjacent to a county with a |
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population of 2.8 million or more; and |
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(B) is a corporation that: |
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(i) is governed by a board of trustees who |
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may employ a general manager to execute the association's bylaws |
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and administer the business of the corporation; |
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(ii) does not require membership in the |
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corporation by the owners of the property within the defined area; |
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and |
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(iii) was incorporated before January 1, |
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2006. |
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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: |
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(1) if: |
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(A) membership in the property owners' |
|
association is mandatory for owners or for a defined class of owners |
|
of private real property in a residential subdivision [defined
|
|
geographic area in a county with a population of 2.8 million or more
|
|
or in a county adjacent to a county with a population of 2.8 million
|
|
or more]; and |
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(B) the property owners' association has the |
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power to make mandatory special assessments [for capital
|
|
improvements] or mandatory regular assessments[; and
|
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[(C)
the amount of the mandatory special or
|
|
regular assessments is or has ever been based in whole or in part on
|
|
the value at which the state or a local governmental body assesses
|
|
the property for purposes of ad valorem taxation under Section 20,
|
|
Article VIII, Texas Constitution]; or |
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(2) if the property owners' association: |
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(A) provides maintenance, preservation, and |
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architectural control of residential and commercial property |
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within a defined geographic area in a county with a population of |
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2.8 million or more or in a county adjacent to a county with a |
|
population of 2.8 million or more; and |
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(B) is a corporation that: |
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(i) is governed by a board of trustees who |
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may employ a general manager to execute the association's bylaws |
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and administer the business of the corporation; |
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(ii) does not require membership in the |
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corporation by the owners of the property within the defined area; |
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and |
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(iii) was incorporated before January 1, |
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2006. |
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SECTION 3. Section 209.005, Property Code, is repealed. |
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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, 2011. A property |
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owners' association meeting that is held before September 1, 2011, |
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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, 2011. A |
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request for records or information that is made before September 1, |
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2011, 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) A request for access to records or information under |
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Section 209.005, Property Code, as that section existed before |
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repeal by this Act, that is made before September 1, 2011, is |
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governed by the law in effect at the time the request was made, and |
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that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |