83R9163 AJA-F
By: Sheets H.B. No. 2928
A BILL TO BE ENTITLED
AN ACT
relating to the expedited foreclosure of a property owners'
association's assessment lien.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 209.0092(a), Property Code, is amended
to read as follows:
(a) Except as provided by Subsection (c) and subject to
Section 209.009, a property owners' association may not foreclose a
property owners' association assessment lien unless the
association first obtains a court order in an application for
expedited foreclosure under the rules adopted by the supreme court
under Subsection (b). By acquiring a lot in a residential
subdivision, an owner grants to the property owners' association a
power of sale authorizing the property owners' association to [A
property owners' association may] use the procedure described by
this subsection to foreclose any lien described by the
association's dedicatory instruments.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.