Texas 2015 84th Regular

Texas House Bill HB2489 Comm Sub / Bill

Filed 05/04/2015

                    By: Leach H.B. No. 2489
 Substitute the following for H.B. No. 2489:
 By:  Fletcher C.S.H.B. No. 2489


 A BILL TO BE ENTITLED
 AN ACT
 relating to regulation by a property owners' association of
 residential leases or rental agreements.
 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 OR RENTAL
 AGREEMENTS.  (a)  A property owners' association may not adopt or
 enforce a provision in a dedicatory instrument that:
 (1)  in connection with the leasing or renting of a
 property owner's property, imposes a fee, charge, assessment, or
 fine or requires dues or any other contribution or payment to the
 association;
 (2)  requires a lease or rental applicant or a
 tenant to
 be reviewed or approved by the property owners' association; or
 (3)  requires a property owner, a lease or rental
 applicant, a tenant, or that person's agent to provide a copy of a
 document related to leasing or renting the property owner's
 property, including a lease or rental application, a lease or
 rental agreement, or 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.