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A BILL TO BE ENTITLED
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AN ACT
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relating to the foreclosure of property owners' association |
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assessment liens on certain boarding home facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 209, Property Code, is amended by adding |
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Section 209.017 to read as follows: |
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Sec. 209.017. FORECLOSURE SALE OF CERTAIN BOARDING HOME |
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FACILITIES. (a) In this section: |
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(1) "Abuse" and "neglect" have the meanings assigned |
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by Section 260A.001, Health and Safety Code. |
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(2) "Boarding home facility" has the meaning assigned |
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by Section 260.001, Health and Safety Code. |
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(b) Notwithstanding Section 209.009 or other law, a |
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property owners' association may judicially foreclose a property |
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owners' association's assessment lien on property used as a |
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boarding home facility if: |
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(1) the debt securing the lien consists solely of |
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fines assessed by the association for a violation of the |
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restrictions or bylaws or rules of the association; and |
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(2) the violation constitutes neglect or abuse of a |
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resident of the boarding home facility. |
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(c) The court must conduct a hearing to determine whether a |
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resident of the boarding home facility suffered abuse or neglect at |
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the facility. If the court determines that abuse or neglect |
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occurred, the court may award proceeds from the foreclosure sale of |
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the boarding home facility to the victim of the abuse or neglect as |
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damages. |
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SECTION 2. The change in law made by this Act applies only |
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to a violation committed on or after the effective date of this Act. |
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A violation committed before the effective date of this Act is |
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governed by the law in effect on the date the violation was |
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committed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |