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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements to file a property owners' association |
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assessment lien. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 209.0094, Property Code, is amended to |
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read as follows: |
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Sec. 209.0094. ASSESSMENT LIEN FILING. (a) In this section, |
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"assessment lien" means a [A] lien, lien affidavit, or other lien |
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instrument evidencing the nonpayment of assessments or other |
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charges owed to a property owners' association. |
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(b) An assessment lien [and] filed in the official public |
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records of a county is a legal instrument affecting title to real |
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property. |
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(c) Before a property owners' association files an |
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assessment lien, the association must provide notices of |
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delinquency in accordance with Subsections (d) and (e). |
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(d) The first notice of delinquency must be provided: |
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(1) by first class mail to the property owner's last |
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known mailing address, as reflected in records maintained by the |
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association; or |
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(2) by e-mail to an e-mail address the property owner |
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has provided to the property owners' association. |
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(e) The second notice of delinquency must be provided by |
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certified mail, return receipt requested, to the property owner's |
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last known mailing address, as reflected in the records maintained |
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by the association, not earlier than the 30th day after notice is |
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given under Subsection (d). |
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(f) A property owners' association may not file an |
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assessment lien before the 90th day after the date notice of |
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delinquency was sent to the property owner under Subsection (e). |
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(g) Subsections (c), (d), and (e) do not apply to a property |
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owners' association providing a property owner covered by the |
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Servicemembers Civil Relief Act (50 U.S.C. Section 3901 et seq.) |
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the protections to which the owner is entitled under the Act. |
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SECTION 2. Section 209.0094, Property Code, as amended by |
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this Act, applies only to an assessment that becomes delinquent on |
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or after the effective date of this Act. An assessment that becomes |
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delinquent before the effective date of this Act is governed by the |
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law in effect immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |