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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 |
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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 three separate |
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monthly notices of delinquency by certified mail, return receipt |
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requested, to the property owner's last known mailing address, as |
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reflected in the records maintained by the association. |
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(d) A property owners' association may not file an |
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assessment lien before the 180th day after the date the third notice |
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of delinquency was sent to the property owner as required by |
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Subsection (c). |
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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. |