87R11610 MWC-F
By: J. Johnson of Harris H.B. No. 3844
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the department of consumer affairs
services for property owners and property owners' associations
within the office of the attorney general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.0235 to read as follows:
Sec. 402.0235. DEPARTMENT OF CONSUMER AFFAIRS SERVICES FOR
PROPERTY OWNERS AND PROPERTY OWNERS' ASSOCIATIONS. (a) In this
section:
(1) "Department" means the department of consumer
affairs services for property owners and property owners'
associations established under this section.
(2) "Property owners' association" has the meaning
assigned by Section 202.001, Property Code.
(b) The department of consumer affairs services for
property owners and property owners' associations is established
within the office of the attorney general.
(c) The department shall receive and make a record of any
complaint, by telephone or in writing, from a property owner or
property owners' association.
(d) The department shall develop and make available to the
public a form to be used by a property owner or property owners'
association to submit a written complaint under Subsection (c) or
by a department employee to make a record of a complaint received by
telephone under Subsection (c). The form must include spaces for
the property owner or property owners' association to provide or
the department employee to record:
(1) the property owner's name;
(2) the name and contact information of the property
owners' association, including the county and municipality, if
applicable, where the association is located;
(3) the name and contact information of any management
company engaged by the property owners' association, including the
management company's telephone number, owner's name, and street and
mailing addresses;
(4) whether a property owner:
(A) was informed that membership in the property
owners' association was required as a condition of property
ownership, including, if applicable, when and by whom the property
owner was informed;
(B) received a copy of the property owners'
association's governing documents and if the documents were
obtained before or after the property owner received title to the
property;
(C) was denied access to the property owners'
association's governing documents and, if so, any actions the
property owner took to attempt to obtain a copy of the documents;
and
(D) understands the rights and obligations of the
property owner and property owners' association under the property
owners' association's governing documents;
(5) the nature of the property owner's or property
owners' association's complaint;
(6) whether the property owner attempted to
communicate a complaint to the property owners' association or the
property owners' association's management company, if applicable,
whether the property owner exhausted all remedies in accordance
with any terms under the property owners' association's governing
documents or applicable rules and regulations, and what action, if
any, the property owners' association or the property owners'
association's management company took concerning the complaint;
(7) whether the property owner agrees or disagrees
with the provisions of the property owners' association's governing
documents that are the subject of the complaint;
(8) whether the property owner agrees or disagrees
with how the provisions of the property owners' association's
governing documents were enforced and any recommendations for
changing the provisions of the property owners' association's
governing documents or means of enforcement, including whether the
property owner feels that more or less enforcement is needed;
(9) whether a response was provided by the applicable
property owners' association or property owner to a specific
complaint provided by the department under Subsection (e) and, if
applicable, the contents of the response; and
(10) if applicable, the identity of the department
employee creating the record.
(e) On receiving a property owner's or property owners'
association's complaint, the department shall provide the
complaint to the property owner or the property owners' association
complained against in a manner that verifies receipt of the
complaint by the property owner or property owners' association, so
that the property owner or property owners' association may
determine whether the property owner or property owners'
association desires to respond to the complaint.
(f) Any complaints related to the validity of a property
owners' association shall be referred to the appropriate division
in the office of the attorney general.
(g) Not later than January 31 of each year, the department
shall submit a consolidated report of all complaints received under
and associated information collected as required by this section
to:
(1) the governor; and
(2) each member of the legislature.
(h) The department shall post on the office of the attorney
general's Internet website the consolidated report required by
Subsection (g). The public report:
(1) must include categorized, filterable, and
searchable information compiled from the complaints and responses;
and
(2) may not contain any personal or private
information contained in the complaints and responses, including
names, addresses, and telephone numbers.
(i) The prohibition on the disclosure of personal and
private information specified under Subsection (h)(2) does not
apply to information concerning a property owners' association or a
property owners' association's management company.
SECTION 2. This Act takes effect September 1, 2021.