Texas 2009 - 81st Regular

Texas House Bill HB372 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2301 AJA-D
2	2	By: Jackson H.B. No. 372
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the meetings and records of certain property owners'
8	8	associations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 551.0015, Government Code, is amended by
11	11	amending Subsection (a) and adding Subsection (c) to read as
12	12	follows:
13	13	(a) A property owners' association is subject to this
14	14	chapter in the same manner as a governmental body:
15	15	(1) if:
16	16	(A) membership in the property owners'
17	17	association is mandatory for owners or for a defined class of owners
18	18	of private real property in a residential subdivision [defined
19	19	geographic area in a county with a population of 2.8 million or more
20	20	or in a county adjacent to a county with a population of 2.8 million
21	21	or more]; and
22	22	(B) the property owners' association has the
23	23	power to make mandatory special assessments [for capital
24	24	improvements] or mandatory regular assessments[; and
25	25	[(C) the amount of the mandatory special or
26	26	regular assessments is or has ever been based in whole or in part on
27	27	the value at which the state or a local governmental body assesses
28	28	the property for purposes of ad valorem taxation under Section 20,
29	29	Article VIII, Texas Constitution]; or
30	30	(2) if the property owners' association:
31	31	(A) provides maintenance, preservation, and
32	32	architectural control of residential and commercial property
33	33	within a defined geographic area in a county with a population of
34	34	2.8 million or more or in a county adjacent to a county with a
35	35	population of 2.8 million or more; and
36	36	(B) is a corporation that:
37	37	(i) is governed by a board of trustees who
38	38	may employ a general manager to execute the association's bylaws
39	39	and administer the business of the corporation;
40	40	(ii) does not require membership in the
41	41	corporation by the owners of the property within the defined area;
42	42	and
43	43	(iii) was incorporated before January 1,
44	44	2006.
45	45	(c) In this section, "property owners' association,"
46	46	"regular assessment," "residential subdivision," and "special
47	47	assessment" have the meanings assigned by Section 209.002, Property
48	48	Code.
49	49	SECTION 2. Section 552.0036, Government Code, is amended to
50	50	read as follows:
51	51	Sec. 552.0036. CERTAIN PROPERTY OWNERS' ASSOCIATIONS
52	52	SUBJECT TO LAW. (a) In this section, "property owners'
53	53	association," "regular assessment," "residential subdivision," and
54	54	"special assessment" have the meanings assigned by Section 209.002,
55	55	Property Code.
56	56	(b) A property owners' association is subject to this
57	57	chapter in the same manner as a governmental body:
58	58	(1) if:
59	59	(A) membership in the property owners'
60	60	association is mandatory for owners or for a defined class of owners
61	61	of private real property in a residential subdivision [defined
62	62	geographic area in a county with a population of 2.8 million or more
63	63	or in a county adjacent to a county with a population of 2.8 million
64	64	or more]; and
65	65	(B) the property owners' association has the
66	66	power to make mandatory special assessments [for capital
67	67	improvements] or mandatory regular assessments[; and
68	68	[(C) the amount of the mandatory special or
69	69	regular assessments is or has ever been based in whole or in part on
70	70	the value at which the state or a local governmental body assesses
71	71	the property for purposes of ad valorem taxation under Section 20,
72	72	Article VIII, Texas Constitution]; or
73	73	(2) if the property owners' association:
74	74	(A) provides maintenance, preservation, and
75	75	architectural control of residential and commercial property
76	76	within a defined geographic area in a county with a population of
77	77	2.8 million or more or in a county adjacent to a county with a
78	78	population of 2.8 million or more; and
79	79	(B) is a corporation that:
80	80	(i) is governed by a board of trustees who
81	81	may employ a general manager to execute the association's bylaws
82	82	and administer the business of the corporation;
83	83	(ii) does not require membership in the
84	84	corporation by the owners of the property within the defined area;
85	85	and
86	86	(iii) was incorporated before January 1,
87	87	2006.
88	88	SECTION 3. Section 209.005, Property Code, is repealed.
89	89	SECTION 4. (a) Section 551.0015, Government Code, as
90	90	amended by this Act, applies only to a property owners' association
91	91	meeting that is held on or after September 1, 2009. A property
92	92	owners' association meeting that is held before September 1, 2009,
93	93	is governed by the law in effect at the time the meeting was held,
94	94	and that law is continued in effect for that purpose.
95	95	(b) Section 552.0036, Government Code, as amended by this
96	96	Act, applies only to a request for records or information made to a
97	97	property owners' association on or after September 1, 2009. A
98	98	request for records or information that is made before September 1,
99	99	2009, is governed by the law in effect at the time the request was
100	100	made, and that law is continued in effect for that purpose.
101	101	(c) A request for access to records or information under
102	102	Section 209.005, Property Code, as that section existed before
103	103	repeal by this Act, that is made before September 1, 2009, is
104	104	governed by the law in effect at the time the request was made, and
105	105	that law is continued in effect for that purpose.
106	106	SECTION 5. This Act takes effect September 1, 2009.