LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION March 29, 2021 TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2387 by Sherman, Sr. (Relating to suits to collect past due property owners' association assessments.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Property Code to require lawsuits to collect residential property owners' associations assessments and interest and late fees on past-due assessments to be filed in justice courts. The bill would provide for the award of attorney's fees, costs, penalties for bad faith conduct, attorney's fees and costs accrued on appeal, and alternate dispute resolution. Under the bill's provisions, a lien a property owners' association may impose on, or foreclose upon, a property for unpaid assessments must be based upon a judgment issued in accordance with the process established by the bill. Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill. Local Government ImpactNo fiscal implication to units of local government is anticipated. Source Agencies: b > td > 212 Office of Court Admin LBB Staff: b > td > JMc, SLE, BH, AF
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
March 29, 2021
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2387 by Sherman, Sr. (Relating to suits to collect past due property owners' association assessments.), As Introduced
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB2387 by Sherman, Sr. (Relating to suits to collect past due property owners' association assessments.), As Introduced
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
Jerry McGinty, Director, Legislative Budget Board
Jerry McGinty, Director, Legislative Budget Board
HB2387 by Sherman, Sr. (Relating to suits to collect past due property owners' association assessments.), As Introduced
HB2387 by Sherman, Sr. (Relating to suits to collect past due property owners' association assessments.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Property Code to require lawsuits to collect residential property owners' associations assessments and interest and late fees on past-due assessments to be filed in justice courts. The bill would provide for the award of attorney's fees, costs, penalties for bad faith conduct, attorney's fees and costs accrued on appeal, and alternate dispute resolution. Under the bill's provisions, a lien a property owners' association may impose on, or foreclose upon, a property for unpaid assessments must be based upon a judgment issued in accordance with the process established by the bill. Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
The bill would amend the Property Code to require lawsuits to collect residential property owners' associations assessments and interest and late fees on past-due assessments to be filed in justice courts.
The bill would provide for the award of attorney's fees, costs, penalties for bad faith conduct, attorney's fees and costs accrued on appeal, and alternate dispute resolution. Under the bill's provisions, a lien a property owners' association may impose on, or foreclose upon, a property for unpaid assessments must be based upon a judgment issued in accordance with the process established by the bill.
Based on information provided by the Office of Court Administration, no significant fiscal impact to the state court system is anticipated as a result from implementing the provisions of the bill.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: b > td > 212 Office of Court Admin
212 Office of Court Admin
LBB Staff: b > td > JMc, SLE, BH, AF
JMc, SLE, BH, AF