88R19164 DRS-D
 
  By: Shaheen H.B. No. 614
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to property owners' association fines.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 209, Property Code, is amended by adding
  Section 209.0061 to read as follows:
         Sec. 209.0061.  ASSOCIATION POLICY; FINES. (a) This
  section does not apply to a property owners' association that is not
  authorized by the association's dedicatory instrument to levy a
  fine.
         (b)  A property owners' association board shall adopt an
  enforcement policy regarding the levying of fines by the property
  owners' association. The policy must include:
               (1)  general categories of restrictive covenants for
  which the association may assess fines;
               (2)  a schedule of fines for each category of
  violation; and
               (3)  information regarding hearings described by
  Section 209.007.
         (c)  The enforcement policy adopted pursuant to Subsection
  (b) may reserve the board's authority to levy a fine from the
  schedule of fines that varies on a case-by-case basis.
         (d)  Each property owners' association shall:
               (1)  provide a copy of the policy to an owner of each
  property in the subdivision by:
                     (A)  posting the policy on an Internet website
  maintained by the property owners' association or an agent acting
  on behalf of the association and accessible to members of the
  association; or
                     (B)  annually sending a copy of the policy,
  separately or included in routine communication from the property
  owners' association to property owners, by:
                           (i)  hand delivery to the owner;
                           (ii)  first class mail to the owner's last
  known mailing address; or
                           (iii)  e-mail to an e-mail address provided
  to the property owners' association by the owner; and
               (2)  make the policy available on any publicly
  accessible Internet website maintained by the property owners' 
  association or an agent acting on behalf of the association.
         SECTION 2.  Section 209.0061, Property Code, as added by
  this Act, applies only to a fine that becomes due on or after the
  effective date of this Act. A fine that becomes due before the
  effective date of this Act is governed by the law in effect
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 3.  This Act takes effect January 1, 2024.