| 1 | 1 | | 87R10087 MWC-D |
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| 2 | 2 | | By: Shaheen H.B. No. 3857 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requirements to file a property owners' association |
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| 8 | 8 | | assessment lien. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 209.0094, Property Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 209.0094. ASSESSMENT LIEN FILING. (a) In this section, |
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| 13 | 13 | | "assessment lien" means a [A] lien, lien affidavit, or other |
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| 14 | 14 | | instrument evidencing the nonpayment of assessments or other |
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| 15 | 15 | | charges owed to a property owners' association. |
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| 16 | 16 | | (b) An assessment lien [and] filed in the official public |
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| 17 | 17 | | records of a county is a legal instrument affecting title to real |
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| 18 | 18 | | property. |
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| 19 | 19 | | (c) Before a property owners' association files an |
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| 20 | 20 | | assessment lien, the association must provide three separate |
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| 21 | 21 | | monthly notices of delinquency by certified mail, return receipt |
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| 22 | 22 | | requested, to the property owner's last known mailing address, as |
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| 23 | 23 | | reflected in the records maintained by the association. |
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| 24 | 24 | | (d) A property owners' association may not file an |
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| 25 | 25 | | assessment lien before the 180th day after the date the third notice |
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| 26 | 26 | | of delinquency was sent to the property owner as required by |
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| 27 | 27 | | Subsection (c). |
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| 28 | 28 | | SECTION 2. Section 209.0094, Property Code, as amended by |
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| 29 | 29 | | this Act, applies only to an assessment that becomes delinquent on |
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| 30 | 30 | | or after the effective date of this Act. An assessment that becomes |
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| 31 | 31 | | delinquent before the effective date of this Act is governed by the |
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| 32 | 32 | | law in effect immediately before the effective date of this Act, and |
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| 33 | 33 | | that law is continued in effect for that purpose. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2021. |
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