Texas 2021 - 87th Regular

Texas House Bill HB2912 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R16329 DRS-F
1	2		By: Vasut, Jetton, White, et al. H.B. No. 2912
	3	+	Substitute the following for H.B. No. 2912:
	4	+	By: Smith C.S.H.B. No. 2912
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to a violation of the Texas Residential Property Owners
7	10		Protection Act or a dedicatory instrument by a board member of a
8		-	property owners' association ~~and to the recall of a board member~~.
	11	+	property owners' association.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. Chapter 209, Property Code, is amended by adding
11	14		Section 209.017 to read as follows:
12	15		Sec. 209.017. BOARD MEMBER VIOLATION OF CHAPTER OR
13	16		DEDICATORY INSTRUMENT. (a) An owner may bring an action against a
14	17		property owners' association for a violation of this chapter or a
15	18		provision of the association's dedicatory instruments by a board
16	19		member acting in the board member's official capacity. The owner
17	20		may file a petition against the association with the justice of the
18	21		peace of a justice precinct in which all or part of the property
19	22		that is governed by the association is located requesting relief
20	23		under this section.
21	24		(b) If the justice of the peace finds that the board member
22	25		violated this chapter or a dedicatory instrument while acting
23	26		individually or with other board members, the justice of the peace
24	27		may grant one or more of the following remedies:
25	28		(1) a judgment ordering the property owners'
26	29		association to immediately remove the board member from the board;
27	30		(2) a judgment against the property owners'
28	31		association for damages incurred by the owner resulting from the
29	32		violation; or
30	33		(3) a judgment authorizing the owner to deduct the
31	34		amounts awarded to the owner under Subdivision (2) or Subsection
32	35		(c) from any future regular or special assessments payable to the
33	36		property owners' association.
34	37		(c) The prevailing party in an action under this section is
35	38		entitled to a judgment for court costs and reasonable attorney's
36	39		fees incurred by the party in connection with the action.
37	40		(d) On or before the 10th business day before the date an
38	41		owner brings an action against a property owners' association under
39	42		this section, the owner must send written notice to the association
40	43		of the owner's intent to bring the action. The notice must:
41	44		(1) be sent certified mail, return receipt requested,
42	45		or delivered by the United States Postal Service with signature
43	46		confirmation service to the mailing address of the association or
44	47		authorized representative as reflected on the most current
45	48		management certificate filed under Section 209.004; and
46	49		(2) describe with sufficient detail the alleged
47	50		violation.
48	51		(e) For the purposes of this section, "business day" means a
49	52		day other than Saturday, Sunday, or a state or federal holiday.
50		-	SECTION 2. Chapter 209, Property Code, is amended by adding
51		-	Section 209.00595 to read as follows:
52		-	Sec. 209.00595. RECALL OF BOARD MEMBERS. (a) Members of a
53		-	property owners' association may require a meeting of the property
54		-	owners' association for purposes of recalling a director pursuant
55		-	to Section 22.155(3), Business Organizations Code.
56		-	(b) At a special meeting called pursuant to Subsection (a),
57		-	a director of a property owners' association may be recalled and
58		-	removed from office under any procedure provided for by Section
59		-	22.211, Business Organizations Code.
60		-	SECTION 3. Section 209.017, Property Code, as added by this
	53	+	SECTION 2. Section 209.017, Property Code, as added by this
61	54		Act, applies only to a violation that occurs on or after the
62	55		effective date of this Act. A violation that occurs before the
63	56		effective date of this Act is governed by the law as it existed
64	57		immediately before the effective date of this Act, and that law is
65	58		continued in effect for that purpose. For purposes of this section,
66	59		a violation occurred before the effective date of this Act if any
67	60		element of the violation occurred before that date.
68		-	SECTION 4. Section 209.00595, Property Code, as added by
69		-	this Act, applies only to an action brought on or after the
70		-	effective date of this Act. An action brought before the effective
71		-	date of this Act is governed by the law in effect at that time.
72		-	SECTION 5. This Act takes effect September l, 2021.
	61	+	SECTION 3. This Act takes effect September l, 2021.