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A BILL TO BE ENTITLED
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AN ACT
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relating to the governance of property owners' associations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 209.0041, Property Code, is amended by |
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adding Subsections (j), (k), and (l) to read as follows: |
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(j) Except as provided by Subsection (k), a dedicatory |
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instrument other than a declaration may be amended by a vote of |
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owners owning a majority of the lots subject to the dedicatory |
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instrument, in addition to any governmental approval required by |
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law. |
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(k) If the dedicatory instrument contains a higher |
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percentage than prescribed by Subsection (j), the percentage in the |
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dedicatory instrument controls. |
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(l) If a dedicatory instrument contains quorum |
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requirements, those requirements apply to a vote under Subsection |
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(j). |
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SECTION 2. Section 209.00592, Property Code, is amended by |
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adding Subsection (h) to read as follows: |
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(h) A county attorney may bring an action for injunctive |
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relief to restrain or remedy a violation of this section. |
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SECTION 3. Section 209.00593, Property Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) A county attorney may bring an action for injunctive |
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relief to restrain or remedy a violation of this section. |
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SECTION 4. Chapter 209, Property Code, is amended by adding |
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Section 209.018 to read as follows: |
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Sec. 209.018. BOARD ACTION; BOARD MEMBERS AND OFFICERS AS |
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FIDUCIARIES. Except as provided by a declaration, bylaws, or this |
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chapter, the board shall act in all instances on behalf of the |
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property owners' association if in the good-faith judgment of the |
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board the action is reasonable. Each officer or member of the board |
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is liable as a fiduciary of the owners for the officer's or member's |
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acts or omissions. All acts of the property owners' association |
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must be by and through the board unless otherwise provided by the |
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declaration or bylaws or by law. |
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SECTION 5. (a) Section 209.0041, Property Code, as amended |
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by this Act, applies only to a vote held on or after the effective |
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date of this Act. A vote held before the effective date of this Act |
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is governed by the law as it existed immediately before that date, |
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and that law is continued in effect for that purpose. |
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(b) Section 209.018, Property Code, as added by this Act, |
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applies only to an act or omission that occurs on or after the |
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effective date of this Act. An act or omission that occurs before |
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the effective date of this Act is governed by the law in effect on |
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the date the act or omission occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |