84R13936 T
By: Leach H.B. No. 2489
A BILL TO BE ENTITLED
AN ACT
relating to the ability of a property owners' association to
enforce certain provisions on the lease or rental of real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 202, Property Code, is amended by adding
Section 202.019 to read as follows:
Sec. 202.019. REGULATION OF RESIDENTIAL LEASES. (a) A
property owners' association may not include or enforce a provision
in a dedicatory instrument that:
(1) imposes dues, a fee, a charge, an assessment, a
fine, a contribution, or another type of payment in connection with
the rental or leasing of a property owner's property;
(2) requires a tenant or rental applicant to be
reviewed or approved by the property owners' association; or
(3) requires a property owner, tenant, or rental
applicant, or that person's agent, to provide copies of documents
related to the rental or leasing of a property owner's property, in
violation of any applicable state or federal laws. In this
subsection, such documents include:
(A) a lease;
(B) a lease or rental application; or
(C) a consumer or credit report.
(b) A provision that violates Subsection (a) is void.
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, 2015.