82R9604 AJA-D
By: Garza H.B. No. 1882
A BILL TO BE ENTITLED
AN ACT
relating to the meetings and records of certain property owners'
associations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 551.0015, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A property owners' association is subject to this
chapter in the same manner as a governmental body:
(1) if:
(A) membership in the property owners'
association is mandatory for owners or for a defined class of owners
of private real property in a residential subdivision [defined
geographic area in a county with a population of 2.8 million or more
or in a county adjacent to a county with a population of 2.8 million
or more]; and
(B) the property owners' association has the
power to make mandatory special assessments [for capital
improvements] or mandatory regular assessments[; and
[(C) the amount of the mandatory special or
regular assessments is or has ever been based in whole or in part on
the value at which the state or a local governmental body assesses
the property for purposes of ad valorem taxation under Section 20,
Article VIII, Texas Constitution]; or
(2) if the property owners' association:
(A) provides maintenance, preservation, and
architectural control of residential and commercial property
within a defined geographic area in a county with a population of
2.8 million or more or in a county adjacent to a county with a
population of 2.8 million or more; and
(B) is a corporation that:
(i) is governed by a board of trustees who
may employ a general manager to execute the association's bylaws
and administer the business of the corporation;
(ii) does not require membership in the
corporation by the owners of the property within the defined area;
and
(iii) was incorporated before January 1,
2006.
(c) In this section, "property owners' association,"
"regular assessment," "residential subdivision," and "special
assessment" have the meanings assigned by Section 209.002, Property
Code.
SECTION 2. Section 552.0036, Government Code, is amended to
read as follows:
Sec. 552.0036. CERTAIN PROPERTY OWNERS' ASSOCIATIONS
SUBJECT TO LAW. (a) In this section, "property owners'
association," "regular assessment," "residential subdivision," and
"special assessment" have the meanings assigned by Section 209.002,
Property Code.
(b) A property owners' association is subject to this
chapter in the same manner as a governmental body:
(1) if:
(A) membership in the property owners'
association is mandatory for owners or for a defined class of owners
of private real property in a residential subdivision [defined
geographic area in a county with a population of 2.8 million or more
or in a county adjacent to a county with a population of 2.8 million
or more]; and
(B) the property owners' association has the
power to make mandatory special assessments [for capital
improvements] or mandatory regular assessments[; and
[(C) the amount of the mandatory special or
regular assessments is or has ever been based in whole or in part on
the value at which the state or a local governmental body assesses
the property for purposes of ad valorem taxation under Section 20,
Article VIII, Texas Constitution]; or
(2) if the property owners' association:
(A) provides maintenance, preservation, and
architectural control of residential and commercial property
within a defined geographic area in a county with a population of
2.8 million or more or in a county adjacent to a county with a
population of 2.8 million or more; and
(B) is a corporation that:
(i) is governed by a board of trustees who
may employ a general manager to execute the association's bylaws
and administer the business of the corporation;
(ii) does not require membership in the
corporation by the owners of the property within the defined area;
and
(iii) was incorporated before January 1,
2006.
SECTION 3. Section 209.005, Property Code, is repealed.
SECTION 4. (a) Section 551.0015, Government Code, as
amended by this Act, applies only to a property owners' association
meeting that is held on or after September 1, 2011. A property
owners' association meeting that is held before September 1, 2011,
is governed by the law in effect at the time the meeting was held,
and that law is continued in effect for that purpose.
(b) Section 552.0036, Government Code, as amended by this
Act, applies only to a request for records or information made to a
property owners' association on or after September 1, 2011. A
request for records or information that is made before September 1,
2011, is governed by the law in effect at the time the request was
made, and that law is continued in effect for that purpose.
(c) A request for access to records or information under
Section 209.005, Property Code, as that section existed before
repeal by this Act, that is made before September 1, 2011, is
governed by the law in effect at the time the request was made, and
that law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2011.