Texas 2021 - 87th Regular

Texas House Bill HB3844 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R11610 MWC-F
2	2	By: J. Johnson of Harris H.B. No. 3844
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the department of consumer affairs
8	8	services for property owners and property owners' associations
9	9	within the office of the attorney general.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 402, Government Code, is
12	12	amended by adding Section 402.0235 to read as follows:
13	13	Sec. 402.0235. DEPARTMENT OF CONSUMER AFFAIRS SERVICES FOR
14	14	PROPERTY OWNERS AND PROPERTY OWNERS' ASSOCIATIONS. (a) In this
15	15	section:
16	16	(1) "Department" means the department of consumer
17	17	affairs services for property owners and property owners'
18	18	associations established under this section.
19	19	(2) "Property owners' association" has the meaning
20	20	assigned by Section 202.001, Property Code.
21	21	(b) The department of consumer affairs services for
22	22	property owners and property owners' associations is established
23	23	within the office of the attorney general.
24	24	(c) The department shall receive and make a record of any
25	25	complaint, by telephone or in writing, from a property owner or
26	26	property owners' association.
27	27	(d) The department shall develop and make available to the
28	28	public a form to be used by a property owner or property owners'
29	29	association to submit a written complaint under Subsection (c) or
30	30	by a department employee to make a record of a complaint received by
31	31	telephone under Subsection (c). The form must include spaces for
32	32	the property owner or property owners' association to provide or
33	33	the department employee to record:
34	34	(1) the property owner's name;
35	35	(2) the name and contact information of the property
36	36	owners' association, including the county and municipality, if
37	37	applicable, where the association is located;
38	38	(3) the name and contact information of any management
39	39	company engaged by the property owners' association, including the
40	40	management company's telephone number, owner's name, and street and
41	41	mailing addresses;
42	42	(4) whether a property owner:
43	43	(A) was informed that membership in the property
44	44	owners' association was required as a condition of property
45	45	ownership, including, if applicable, when and by whom the property
46	46	owner was informed;
47	47	(B) received a copy of the property owners'
48	48	association's governing documents and if the documents were
49	49	obtained before or after the property owner received title to the
50	50	property;
51	51	(C) was denied access to the property owners'
52	52	association's governing documents and, if so, any actions the
53	53	property owner took to attempt to obtain a copy of the documents;
54	54	and
55	55	(D) understands the rights and obligations of the
56	56	property owner and property owners' association under the property
57	57	owners' association's governing documents;
58	58	(5) the nature of the property owner's or property
59	59	owners' association's complaint;
60	60	(6) whether the property owner attempted to
61	61	communicate a complaint to the property owners' association or the
62	62	property owners' association's management company, if applicable,
63	63	whether the property owner exhausted all remedies in accordance
64	64	with any terms under the property owners' association's governing
65	65	documents or applicable rules and regulations, and what action, if
66	66	any, the property owners' association or the property owners'
67	67	association's management company took concerning the complaint;
68	68	(7) whether the property owner agrees or disagrees
69	69	with the provisions of the property owners' association's governing
70	70	documents that are the subject of the complaint;
71	71	(8) whether the property owner agrees or disagrees
72	72	with how the provisions of the property owners' association's
73	73	governing documents were enforced and any recommendations for
74	74	changing the provisions of the property owners' association's
75	75	governing documents or means of enforcement, including whether the
76	76	property owner feels that more or less enforcement is needed;
77	77	(9) whether a response was provided by the applicable
78	78	property owners' association or property owner to a specific
79	79	complaint provided by the department under Subsection (e) and, if
80	80	applicable, the contents of the response; and
81	81	(10) if applicable, the identity of the department
82	82	employee creating the record.
83	83	(e) On receiving a property owner's or property owners'
84	84	association's complaint, the department shall provide the
85	85	complaint to the property owner or the property owners' association
86	86	complained against in a manner that verifies receipt of the
87	87	complaint by the property owner or property owners' association, so
88	88	that the property owner or property owners' association may
89	89	determine whether the property owner or property owners'
90	90	association desires to respond to the complaint.
91	91	(f) Any complaints related to the validity of a property
92	92	owners' association shall be referred to the appropriate division
93	93	in the office of the attorney general.
94	94	(g) Not later than January 31 of each year, the department
95	95	shall submit a consolidated report of all complaints received under
96	96	and associated information collected as required by this section
97	97	to:
98	98	(1) the governor; and
99	99	(2) each member of the legislature.
100	100	(h) The department shall post on the office of the attorney
101	101	general's Internet website the consolidated report required by
102	102	Subsection (g). The public report:
103	103	(1) must include categorized, filterable, and
104	104	searchable information compiled from the complaints and responses;
105	105	and
106	106	(2) may not contain any personal or private
107	107	information contained in the complaints and responses, including
108	108	names, addresses, and telephone numbers.
109	109	(i) The prohibition on the disclosure of personal and
110	110	private information specified under Subsection (h)(2) does not
111	111	apply to information concerning a property owners' association or a
112	112	property owners' association's management company.
113	113	SECTION 2. This Act takes effect September 1, 2021.