By: Leach H.B. No. 2489
A BILL TO BE ENTITLED
AN ACT
relati
ng 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 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) This section does not apply to a master mixed-use
property owners' association described by Chapter 215.
(c) This section does not apply to a property owners'
association that manages or regulates a condominium.
(d) Subsection (a)(1) does not exempt a property owner whose
property is leased or rented from a requirement to pay a fee,
charge, assessment, or fine under a provision of the dedicatory
instrument other than the provision prohibited by that subsection.
(e) Notwithstanding Section 202.002, this section applies
only to a dedicatory instrument that is adopted on or after
September 1, 2015.
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.