LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION April 2, 2021 TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2912 by Vasut (Relating to a violation of the Texas Residential Property Owners Protection Act or a dedicatory instrument by a board member of a property owners' association.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Property Code to provide that if a board member violates Chapter 209 or a dedicatory instrument of the property owners' association while acting in the board member's official capacity, a member of the association may file a petition against the association with the justice of the peace of a justice precinct in which all or part of the property governed by the association is located requesting relief. If the justice of the peace finds a violation, certain relief may be granted. The bill would entitle the prevailing party in the action to a judgment for court costs and reasonable attorney's fees. The bill would require a person within a certain amount of time before suing under the new section to send written notice to the association, which must contain certain information. 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 significant 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
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
April 2, 2021
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence FROM: Jerry McGinty, Director, Legislative Budget Board IN RE: HB2912 by Vasut (Relating to a violation of the Texas Residential Property Owners Protection Act or a dedicatory instrument by a board member of a property owners' association.), As Introduced
TO: Honorable Jeff Leach, Chair, House Committee on Judiciary & Civil Jurisprudence
FROM: Jerry McGinty, Director, Legislative Budget Board
IN RE: HB2912 by Vasut (Relating to a violation of the Texas Residential Property Owners Protection Act or a dedicatory instrument by a board member of a property owners' association.), 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
HB2912 by Vasut (Relating to a violation of the Texas Residential Property Owners Protection Act or a dedicatory instrument by a board member of a property owners' association.), As Introduced
HB2912 by Vasut (Relating to a violation of the Texas Residential Property Owners Protection Act or a dedicatory instrument by a board member of a property owners' association.), 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 provide that if a board member violates Chapter 209 or a dedicatory instrument of the property owners' association while acting in the board member's official capacity, a member of the association may file a petition against the association with the justice of the peace of a justice precinct in which all or part of the property governed by the association is located requesting relief. If the justice of the peace finds a violation, certain relief may be granted. The bill would entitle the prevailing party in the action to a judgment for court costs and reasonable attorney's fees. The bill would require a person within a certain amount of time before suing under the new section to send written notice to the association, which must contain certain information. 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 provide that if a board member violates Chapter 209 or a dedicatory instrument of the property owners' association while acting in the board member's official capacity, a member of the association may file a petition against the association with the justice of the peace of a justice precinct in which all or part of the property governed by the association is located requesting relief. If the justice of the peace finds a violation, certain relief may be granted. The bill would entitle the prevailing party in the action to a judgment for court costs and reasonable attorney's fees. The bill would require a person within a certain amount of time before suing under the new section to send written notice to the association, which must contain certain information.
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 significant 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
JMc, SLE, BH