| 1 | 1 | | 81R302 AJA-D |
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| 2 | 2 | | By: Howard of Fort Bend H.B. No. 3622 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the meetings of certain property owners' associations. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 551.0015, Government Code, is amended by |
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| 10 | 10 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (a) A property owners' association is subject to this |
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| 13 | 13 | | chapter in the same manner as a governmental body: |
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| 14 | 14 | | (1) if: |
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| 15 | 15 | | (A) membership in the property owners' |
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| 16 | 16 | | association is mandatory for owners or for a defined class of owners |
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| 17 | 17 | | of private real property in a residential subdivision [defined |
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| 18 | 18 | | geographic area in a county with a population of 2.8 million or more |
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| 19 | 19 | | or in a county adjacent to a county with a population of 2.8 million |
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| 20 | 20 | | or more]; and |
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| 21 | 21 | | (B) the property owners' association has the |
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| 22 | 22 | | power to make mandatory special assessments [for capital |
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| 23 | 23 | | improvements] or mandatory regular assessments[; and |
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| 24 | 24 | | [(C) the amount of the mandatory special or |
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| 25 | 25 | | regular assessments is or has ever been based in whole or in part on |
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| 26 | 26 | | the value at which the state or a local governmental body assesses |
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| 27 | 27 | | the property for purposes of ad valorem taxation under Section 20, |
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| 28 | 28 | | Article VIII, Texas Constitution]; or |
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| 29 | 29 | | (2) if the property owners' association: |
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| 30 | 30 | | (A) provides maintenance, preservation, and |
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| 31 | 31 | | architectural control of residential and commercial property |
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| 32 | 32 | | within a defined geographic area in a county with a population of |
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| 33 | 33 | | 2.8 million or more or in a county adjacent to a county with a |
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| 34 | 34 | | population of 2.8 million or more; and |
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| 35 | 35 | | (B) is a corporation that: |
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| 36 | 36 | | (i) is governed by a board of trustees who |
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| 37 | 37 | | may employ a general manager to execute the association's bylaws |
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| 38 | 38 | | and administer the business of the corporation; |
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| 39 | 39 | | (ii) does not require membership in the |
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| 40 | 40 | | corporation by the owners of the property within the defined area; |
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| 41 | 41 | | and |
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| 42 | 42 | | (iii) was incorporated before January 1, |
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| 43 | 43 | | 2006. |
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| 44 | 44 | | (c) In this section, "property owners' association," |
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| 45 | 45 | | "regular assessment," "residential subdivision," and "special |
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| 46 | 46 | | assessment" have the meanings assigned by Section 209.002, Property |
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| 47 | 47 | | Code. |
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| 48 | 48 | | SECTION 2. Section 551.0015, Government Code, as amended by |
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| 49 | 49 | | this Act, applies only to a property owners' association meeting |
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| 50 | 50 | | that is held on or after September 1, 2009. A property owners' |
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| 51 | 51 | | association meeting that is held before September 1, 2009, is |
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| 52 | 52 | | governed by the law in effect at the time the meeting was held, and |
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| 53 | 53 | | that law is continued in effect for that purpose. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2009. |
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