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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of certain property owners' |
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associations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 209.0061(b), Property Code, is amended |
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to read as follows: |
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(b) A property owners' association board shall adopt an |
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enforcement policy regarding the levying of fines by the property |
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owners' association. The policy must include: |
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(1) general categories of restrictive covenants for |
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which the association may assess fines; |
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(2) a schedule of fines for each category of |
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violation; [and] |
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(3) information regarding hearings described by |
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Section 209.007; and |
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(4) a restriction on the association's authority to |
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impose fines in unreasonable amounts. |
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SECTION 2. Chapter 209, Property Code, is amended by adding |
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Section 209.0066 to read as follows: |
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Sec. 209.0066. ASSESSMENTS GENERALLY. (a) Except as |
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otherwise provided by this section, a property owners' association, |
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from one year to the next, may not increase by an unreasonable |
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amount an assessment a property owner is required to pay. |
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(b) A property owners' association may require a property |
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owner to pay an assessment that would otherwise violate Subsection |
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(a) if a majority of voters entitled to vote on the matter approve |
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the assessment in a vote held as provided for by this chapter or the |
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association's dedicatory instruments. |
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(c) A property owners' association board shall adopt a |
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policy regarding the levying of assessments related to the |
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maintenance or improvement of a common area and fees for the use of |
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subdivision amenities. The policy must include: |
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(1) general categories of restrictive covenants for |
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which the association may levy assessments; and |
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(2) a schedule of: |
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(A) assessments for each category of maintenance |
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or improvement and for each common area; and |
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(B) fees for the use of subdivision amenities. |
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(d) A property owners' association board may not levy an |
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assessment for the maintenance or improvement of a common area |
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unless a majority of voters entitled to vote on the matter approve |
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the board's policy described by Subsection (c) in a vote held as |
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provided for by this chapter or the association's dedicatory |
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instruments. |
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SECTION 3. Section 209.0094, Property Code, is amended by |
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adding Subsection (h) to read as follows: |
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(h) A property owners' association may not file an |
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assessment lien if the debt securing the lien consists solely of a |
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minor fine. |
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SECTION 4. Chapter 209, Property Code, is amended by adding |
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Sections 209.0151 and 209.0152 to read as follows: |
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Sec. 209.0151. REGULATION OF AESTHETIC IMPROVEMENTS. A |
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property owners' association or, if applicable, an architectural |
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review authority, as defined by Section 209.00505(a), may not adopt |
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or enforce a provision in a dedicatory instrument that prohibits or |
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restricts the owner of a lot on which a residence is located from |
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making a minor aesthetic improvement to the residence or the lot, |
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including painting the residence a color of the owner's choice, |
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constructing fencing around the residence, or improving the |
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landscaping on the property, provided the improvements would not |
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otherwise violate an applicable building code. |
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Sec. 209.0152. REGULATION OF USE OF COMMON AREAS. A |
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property owners' association may not adopt or enforce a provision |
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in a dedicatory instrument that unreasonably prohibits or restricts |
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an owner's use of a common area unless a majority of voters entitled |
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to vote on the matter approve the prohibition or restriction in a |
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vote held as provided for by this chapter or the association's |
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dedicatory instruments. |
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SECTION 5. Section 209.016, Property Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) A property owners' association may not adopt or enforce |
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a provision in a dedicatory instrument that: |
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(1) requires a lease or rental applicant or a tenant to |
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be submitted to and approved for tenancy by the property owners' |
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association; [or] |
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(2) requires the following information to be submitted |
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to a property owners' association regarding a lease or rental |
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applicant or current tenant: |
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(A) a consumer or credit report; or |
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(B) a lease or rental application submitted by |
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the applicant, tenant, or that person's agent to the property owner |
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or property owner's agent when applying for tenancy; or |
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(3) requires an owner to obtain approval from a |
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property owners' association before renting the owner's residence |
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as a short-term rental. |
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(b-1) In this section, "short-term rental" means a |
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residence that is rented wholly or partly for a fee and for a period |
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of less than 30 consecutive days. |
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SECTION 6. Section 209.0094(h), Property Code, as added by |
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this Act, applies only to a lien filed on or after the effective |
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date of this Act. |
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SECTION 7. This Act takes effect September 1, 2025. |