LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION

April 2, 2021

TO:	Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	HB2912 by Vasut (Relating to a violation of the Texas Residential Property Owners Protection Act or a dedicatory instrument by a board member of a property owners' association.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would amend the Property Code to provide that if a board member violates Chapter 209 or a dedicatory instrument of the property owners' association while acting in the board member's official capacity, a member of the association may file a petition against the association with the justice of the peace of a justice precinct in which all or part of the property governed by the association is located requesting relief. If the justice of the peace finds a violation, certain relief may be granted. The bill would entitle the prevailing party in the action to a judgment for court costs and reasonable attorney's fees. The bill would require a person within a certain amount of time before suing under the new section to send written notice to the association, which must contain certain information.

Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Admin

LBB Staff:

JMc, SLE, BH