83R23495 TJS-F By: McClendon, Capriglione H.B. No. 3803 Substitute the following for H.B. No. 3803: By: Workman C.S.H.B. No. 3803 A BILL TO BE ENTITLED AN ACT relating to a fidelity bond or insurance requirement for property owners' association and unit owners' association board members. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 82, Property Code, is amended by adding Section 82.1031 to read as follows: Sec. 82.1031. FIDELITY BOND OR INSURANCE REQUIREMENT. The board of a unit owners' association of 20 units or more shall obtain and maintain a fidelity bond or fidelity insurance that covers losses resulting from dishonest or fraudulent acts. The board must maintain the bond or insurance in force for all officers, directors, and employees of the association and all other persons handling or responsible for funds administered by the board. The coverage must be not less than a sum equal to three months' aggregate assessments on all units plus reserve funds. The governing documents of the association may provide for higher limits of coverage. SECTION 2. Chapter 209, Property Code, is amended by adding Section 209.00595 to read as follows: Sec. 209.00595. FIDELITY BOND OR INSURANCE REQUIREMENT. The board of a property owners' association of 20 lots or more shall obtain and maintain a fidelity bond or fidelity insurance that covers losses resulting from dishonest or fraudulent acts. The board must maintain the bond or insurance in force for all officers, directors, and employees of the association and all other persons handling or responsible for funds administered by the board. The coverage must be not less than a sum equal to three months' aggregate assessments on all lots plus reserve funds. The governing documents of the association may provide for higher limits of coverage. SECTION 3. This Act takes effect September 1, 2013.