By: Shaheen (Senate Sponsor - Springer) H.B. No. 886
         (In the Senate - Received from the House May 8, 2023;
  May 9, 2023, read first time and referred to Committee on Local
  Government; May 22, 2023, reported favorably by the following
  vote:  Yeas 8, Nays 0; May 22, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to requirements to file a property owners' association
  assessment lien.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 209.0094, Property Code, is amended to
  read as follows:
         Sec. 209.0094.  ASSESSMENT LIEN FILING. (a) In this section,
  "assessment lien" means a [A] lien, lien affidavit, or other lien
  instrument evidencing the nonpayment of assessments or other
  charges owed to a property owners' association.
         (b)  An assessment lien [and] filed in the official public
  records of a county is a legal instrument affecting title to real
  property.
         (c)  Before a property owners' association files an
  assessment lien, the association must provide notices of
  delinquency in accordance with Subsections (d) and (e).
         (d)  The first notice of delinquency must be provided:
               (1)  by first class mail to the property owner's last
  known mailing address, as reflected in records maintained by the
  association; or
               (2)  by e-mail to an e-mail address the property owner
  has provided to the property owners' association.
         (e) The second notice of delinquency must be provided by
  certified mail, return receipt requested, to the property owner's
  last known mailing address, as reflected in the records maintained
  by the association, not earlier than the 30th day after notice is
  given under Subsection (d).
         (f)  A property owners' association may not file an
  assessment lien before the 90th day after the date notice of
  delinquency was sent to the property owner under Subsection (e). 
         (g)  Subsections (c), (d), and (e) do not apply to a property
  owners' association providing a property owner covered by the
  Servicemembers Civil Relief Act (50 U.S.C. Section 3901 et seq.)
  the protections to which the owner is entitled under the Act.
         SECTION 2.  Section 209.0094, Property Code, as amended by
  this Act, applies only to an assessment that becomes delinquent on
  or after the effective date of this Act. An assessment that becomes
  delinquent 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 September 1, 2023.
 
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