BILL ANALYSIS

H.B. 1087

By: Schofield

Trade, Workforce & Economic Development

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that certain property owners' associations (POA) appoint individuals to fill board vacancies for a new, full term rather than for the remainder of the unexpired term, which effectively circumvents the ability of residents subject to the jurisdiction of the POA to participate in the selection of board members who establish and enforce the rules to which they are bound. H.B. 1087 seeks to address this issue by requiring a POA to conduct a special election to fill any vacancy on the board for the remainder of the incumbent's unexpired term prior to holding an election for a full term.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1087 amends the Property Code to revise the method by which a vacancy on the board of a property owners' association is filled under the Texas Residential Property Owners Protection Act. The bill replaces the authorization for the board to fill the vacancy by appointing a new board member to serve for the remainder of the position's unexpired term with a requirement for the board to order a special election to fill the vacancy. The bill establishes that the elected member serves until the next regular election of members to the board.

EFFECTIVE DATE

September 1, 2025.