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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the department of consumer affairs |
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services for property owners and property owners' associations |
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within the office of the attorney general. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.0235 to read as follows: |
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Sec. 402.0235. DEPARTMENT OF CONSUMER AFFAIRS SERVICES FOR |
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PROPERTY OWNERS AND PROPERTY OWNERS' ASSOCIATIONS. (a) In this |
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section: |
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(1) "Department" means the department of consumer |
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affairs services for property owners and property owners' |
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associations established under this section. |
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(2) "Property owners' association" has the meaning |
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assigned by Section 202.001, Property Code. |
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(b) The department of consumer affairs services for |
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property owners and property owners' associations is established |
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within the office of the attorney general. |
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(c) The department shall receive and make a record of any |
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complaint, by telephone or in writing, from a property owner or |
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property owners' association. |
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(d) The department shall develop and make available to the |
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public a form to be used by a property owner or property owners' |
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association to submit a written complaint under Subsection (c) or |
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by a department employee to make a record of a complaint received by |
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telephone under Subsection (c). The form must include spaces for |
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the property owner or property owners' association to provide or |
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the department employee to record: |
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(1) the property owner's name; |
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(2) the name and contact information of the property |
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owners' association, including the county and municipality, if |
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applicable, where the association is located; |
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(3) the name and contact information of any management |
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company engaged by the property owners' association, including the |
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management company's telephone number, owner's name, and street and |
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mailing addresses; |
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(4) whether a property owner: |
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(A) was informed that membership in the property |
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owners' association was required as a condition of property |
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ownership, including, if applicable, when and by whom the property |
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owner was informed; |
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(B) received a copy of the property owners' |
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association's governing documents and if the documents were |
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obtained before or after the property owner received title to the |
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property; |
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(C) was denied access to the property owners' |
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association's governing documents and, if so, any actions the |
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property owner took to attempt to obtain a copy of the documents; |
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and |
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(D) understands the rights and obligations of the |
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property owner and property owners' association under the property |
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owners' association's governing documents; |
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(5) the nature of the property owner's or property |
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owners' association's complaint; |
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(6) whether the property owner attempted to |
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communicate a complaint to the property owners' association or the |
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property owners' association's management company, if applicable, |
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whether the property owner exhausted all remedies in accordance |
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with any terms under the property owners' association's governing |
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documents or applicable rules and regulations, and what action, if |
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any, the property owners' association or the property owners' |
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association's management company took concerning the complaint; |
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(7) whether the property owner agrees or disagrees |
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with the provisions of the property owners' association's governing |
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documents that are the subject of the complaint; |
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(8) whether the property owner agrees or disagrees |
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with how the provisions of the property owners' association's |
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governing documents were enforced and any recommendations for |
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changing the provisions of the property owners' association's |
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governing documents or means of enforcement, including whether the |
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property owner feels that more or less enforcement is needed; |
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(9) whether a response was provided by the applicable |
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property owners' association or property owner to a specific |
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complaint provided by the department under Subsection (e) and, if |
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applicable, the contents of the response; and |
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(10) if applicable, the identity of the department |
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employee creating the record. |
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(e) On receiving a property owner's or property owners' |
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association's complaint, the department shall provide the |
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complaint to the property owner or the property owners' association |
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complained against in a manner that verifies receipt of the |
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complaint by the property owner or property owners' association, so |
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that the property owner or property owners' association may |
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determine whether the property owner or property owners' |
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association desires to respond to the complaint. |
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(f) Any complaints related to the validity of a property |
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owners' association shall be referred to the appropriate division |
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in the office of the attorney general. |
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(g) Not later than January 31 of each year, the department |
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shall submit a consolidated report of all complaints received under |
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and associated information collected as required by this section |
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to: |
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(1) the governor; and |
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(2) each member of the legislature. |
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(h) The department shall post on the office of the attorney |
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general's Internet website the consolidated report required by |
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Subsection (g). The public report: |
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(1) must include categorized, filterable, and |
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searchable information compiled from the complaints and responses; |
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and |
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(2) may not contain any personal or private |
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information contained in the complaints and responses, including |
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names, addresses, and telephone numbers. |
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(i) The prohibition on the disclosure of personal and |
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private information specified under Subsection (h)(2) does not |
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apply to information concerning a property owners' association or a |
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property owners' association's management company. |
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SECTION 2. This Act takes effect September 1, 2021. |