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A BILL TO BE ENTITLED
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AN ACT
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relati |
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ng to regulation by a property owners' association of |
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residential leases or rental agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 202, Property Code, is amended by adding |
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Section 202.019 to read as follows: |
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Sec. 202.019. REGULATION OF RESIDENTIAL LEASES OR RENTAL |
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AGREEMENTS. (a) A property owners' association may not adopt or |
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enforce a provision in a dedicatory instrument that: |
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(1) in connection with the leasing or renting of a |
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property owner's property, imposes a fee, charge, assessment, or |
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fine or requires dues or any other contribution or payment to the |
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association; |
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(2) requires a lease or rental applicant or a tenant to |
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be approved by the property owners' association; or |
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(3) requires a property owner, a lease or rental |
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applicant, a tenant, or that person's agent to provide a copy of a |
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document related to leasing or renting the property owner's |
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property, including a lease or rental application, a lease or |
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rental agreement, or a consumer or credit report. |
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(b) This section does not apply to a master mixed-use |
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property owners' association described by Chapter 215. |
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(c) This section does not apply to a property owners' |
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association that manages or regulates a condominium. |
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(d) Subsection (a)(1) does not exempt a property owner whose |
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property is leased or rented from a requirement to pay a fee, |
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charge, assessment, or fine under a provision of the dedicatory |
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instrument other than the provision prohibited by that subsection. |
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(e) Notwithstanding Section 202.002, this section applies |
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only to a dedicatory instrument that is adopted on or after |
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September 1, 2015. |
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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, 2015. |