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A BILL TO BE ENTITLED
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AN ACT
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relating to information that a property owners' association must |
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file with the Texas Real Estate Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 209, Property Code, is amended by adding |
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Section 209.00405 to read as follows: |
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Sec. 209.00405. INFORMATION TO BE FILED WITH TEXAS REAL |
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ESTATE COMMISSION. (a) In this section, "commission" means the |
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Texas Real Estate Commission. |
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(b) Not later than the seventh day after the date a property |
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owners' association files a management certificate for recording |
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under Section 209.004(a) or files an amended management certificate |
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for recording under Section 209.004(b), the property owners' |
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association shall electronically file the following information |
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with the commission: |
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(1) the property owners' association's dedicatory |
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instruments; and |
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(2) the enforcement policy required under Section |
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209.0061, as applicable. |
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(c) The commission shall only collect the information |
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required under Subsection (b) for the purpose of making the data |
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accessible to the general public through an Internet website. |
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(d) Except as provided under Subsection (e), a property |
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owners' association and its officers, directors, employees, and |
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agents are not subject to liability to any person for a delay in |
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electronically filing or failure to electronically file the |
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information required under Subsection (b) with the commission, |
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unless the delay or failure is wilful or caused by gross negligence. |
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(e) If a property owners' association fails to file the |
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information required under Subsection (b), an owner is not liable |
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to the property owners' association for any assessments, fines, or |
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fees levied against the owner by the association during the period |
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the information is not electronically filed with the commission as |
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required under Subsection (b). |
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SECTION 2. (a) Not later than December 1, 2025, the Texas |
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Real Estate Commission shall establish and make available the |
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system necessary for the electronic filing of the information |
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required under Section 209.00405(b), Property Code, as added by |
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this Act. |
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(b) Notwithstanding Section 209.00405(b), Property Code, as |
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added by this Act, a property owners' association that has on or |
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before December 1, 2025, recorded a management certificate or |
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amended management certificate with a county clerk under Section |
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209.004, Property Code, shall electronically file the information |
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required by Section 209.00405(b), Property Code, with the Texas |
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Real Estate Commission not later than June 1, 2026. |
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SECTION 3. This Act takes effect September 1, 2025. |
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