Texas 2021 - 87th Regular

Texas Senate Bill SB1588 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1588
	1	+	By: Hughes, et al. S.B. No. 1588
	2	+	(Turner of Tarrant)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the powers and duties of certain property owners'
6	8		associations.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. Section 202.006, Property Code, is amended by
9		-	adding Subsection (c) to read as follows:
10		-	(c) A property owners' association may not collect a regular
11		-	assessment, as defined by Section 209.002, if the dedicatory
12		-	instrument authorizing the collection of the regular assessment is
13		-	not filed as required by Subsection (a).
14		-	SECTION 2. Sections 202.018(a) and (b), Property Code, are
15		-	amended to read as follows:
16		-	(a) Except as otherwise provided by this section, a property
17		-	owners' association may not enforce or adopt a provision in a
18		-	dedicatory instrument, including a restrictive covenant, that
19		-	prohibits a property owner or resident from displaying or affixing
20		-	on the [entry to the] owner's or resident's property or dwelling one
21		-	or more religious items the display of which is motivated by the
22		-	owner's or resident's sincere religious belief.
23		-	(b) This section does not prohibit the enforcement or
24		-	adoption of a provision in a dedicatory instrument, including a
25		-	restrictive covenant, that, to the extent allowed by the
26		-	constitution of this state and the United States, prohibits the
27		-	display or affixing of a religious item on the [entry to the]
28		-	owner's or resident's property or dwelling that:
29		-	(1) threatens the public health or safety;
30		-	(2) violates a law other than a law prohibiting the
31		-	display of religious speech;
32		-	(3) contains language, graphics, or any display that
33		-	is patently offensive to a passerby for reasons other than its
34		-	religious content;
35		-	(4) is installed on property:
36		-	(A) owned or maintained by the property owners'
37		-	association; or
38		-	(B) owned in common by members of the property
39		-	owners' association;
40		-	(5) violates any applicable building line,
41		-	right-of-way, setback, or easement; or
42		-	(6) is attached to a traffic control device, street
43		-	lamp, fire hydrant, or utility sign, pole, or fixture [in a location
44		-	other than the entry door or door frame or extends past the outer
45		-	edge of the door frame of the owner's or resident's dwelling; or
46		-	[(5) individually or in combination with each other
47		-	religious item displayed or affixed on the entry door or door frame
48		-	has a total size of greater than 25 square inches].
49		-	SECTION 3. Chapter 202, Property Code, is amended by adding
50		-	Section 202.022 to read as follows:
51		-	Sec. 202.022. SWIMMING POOL ENCLOSURES. (a) In this
52		-	section, "swimming pool enclosure" means a fence that:
53		-	(1) surrounds a water feature, including a swimming
54		-	pool or spa;
55		-	(2) consists of transparent mesh or clear panels set
56		-	in metal frames;
57		-	(3) is not more than six feet in height; and
58		-	(4) is designed to not be climbable.
59		-	(b) A property owners' association:
60		-	(1) may not adopt or enforce a provision in a
61		-	dedicatory instrument that prohibits or restricts a property owner
62		-	from installing on the property owner's property a swimming pool
63		-	enclosure that conforms to applicable state or local safety
64		-	requirements; and
65		-	(2) may adopt and enforce a provision in a dedicatory
66		-	instrument establishing limitations related to the appearance of a
67		-	swimming pool enclosure, including limitations establishing
68		-	permissible colors for a swimming pool enclosure, provided that the
69		-	provision does not prohibit a swimming pool enclosure that is black
70		-	in color and consists of transparent mesh set in metal frames.
71		-	SECTION 4. Chapter 202, Property Code, is amended by adding
72		-	Section 202.023 to read as follows:
73		-	Sec. 202.023. SECURITY MEASURES. (a) This section does not
74		-	apply to:
75		-	(1) a condominium as defined by Section 81.002 or
76		-	82.003; or
77		-	(2) a master mixed-use property owners' association
78		-	subject to Chapter 215.
79		-	(b) Except as provided by Subsection (c), a property owners'
80		-	association may not adopt or enforce a restrictive covenant that
81		-	prevents a property owner from building or installing security
82		-	measures, including but not limited to a security camera, motion
83		-	detector, or perimeter fence.
84		-	(c) This section does not prohibit a property owners'
85		-	association from:
86		-	(1) prohibiting the installation of a security camera
87		-	by a property owner in a place other than the property owner's
88		-	private property; or
89		-	(2) regulating the type of fencing that a property
90		-	owner may install.
91		-	SECTION 5. Section 207.001, Property Code, is amended by
92		-	adding Subdivision (2-a) to read as follows:
93		-	(2-a) "Management company" has the meaning assigned by
94		-	Section 209.002.
95		-	SECTION 6. Section 207.003(c), Property Code, is amended to
	10	+	SECTION 1. Section 207.003(c), Property Code, is amended to
96	11		read as follows:
97	12		(c) A property owners' association may charge a reasonable
98	13		and necessary fee, not to exceed $375, to assemble, copy, and
99	14		deliver the information required by this section and may charge a
100	15		reasonable and necessary fee, not to exceed $75, to prepare and
101	16		deliver an update of a resale certificate under Subsection (f).
102		-	SECTION 7. Section 207.004(b), Property Code, is amended to
	17	+	SECTION 2. Section 207.004(b), Property Code, is amended to
103	18		read as follows:
104	19		(b) If a property owners' association fails to deliver the
105	20		information required under Section 207.003 before the fifth
106	21		business [seventh] day after the second request for the information
107	22		was mailed by certified mail, return receipt requested, or hand
108	23		delivered, evidenced by receipt, the owner:
109	24		(1) may seek one or any combination of the following:
110	25		(A) a court order directing the property owners'
111	26		association to furnish the required information;
112	27		(B) a judgment against the property owners'
113		-	association for not more than $~~5,000 [$~~500];
	28	+	association for actual damages [not more than $500];
114	29		(C) a judgment against the property owners'
115	30		association for court costs and reasonable attorney's fees; or
116	31		(D) a judgment authorizing the owner or the
117	32		owner's assignee to deduct the amounts awarded under Paragraphs (B)
118	33		and (C) from any future regular or special assessments payable to
119	34		the property owners' association; and
120	35		(2) may provide a buyer under contract to purchase the
121	36		owner's property an affidavit that states that the owner, owner's
122	37		agent, or title insurance company or its agent acting on behalf of
123	38		the owner made, in accordance with this chapter, two written
124	39		requests to the property owners' association for the information
125	40		described in Section 207.003 and that the association did not
126	41		timely provide the information.
127		-	SECTION 8. Section 207.006, Property Code, is amended to
	42	+	SECTION 3. Section 207.006, Property Code, is amended to
128	43		read as follows:
129		-	Sec. 207.006. ONLINE SUBDIVISION INFORMATION REQUIRED. (a)
130		-	This section applies only to:
131		-	(1) the property owners' association of a subdivision
132		-	composed of at least 60 lots; or
133		-	(2) a property owners' association that has contracted
134		-	with a management company.
135		-	(b) A property owners' association to which this section
136		-	applies shall make the current version of the association's
137		-	dedicatory instruments relating to the association or subdivision
138		-	and filed in the county deed records available on an Internet [a]
139		-	website:
140		-	(1) maintained by [if] the association [has,] or a
141		-	management company on behalf of the association; and
142		-	(2) available to association members [maintains, a
	44	+	Sec. 207.006. ONLINE SUBDIVISION INFORMATION REQUIRED. A
	45	+	property owners' association shall make the current version of the
	46	+	association's dedicatory instruments relating to the association
	47	+	or subdivision and filed in the county deed records available on the
	48	+	homepage of an Internet [a] website available to association
	49	+	members that is maintained by [if] the association [has,] or by a
	50	+	management company on behalf of the association [maintains, a
143	51		publicly accessible website].
144		-	SECTION 9. Section 209.002, Property Code, is amended by
145		-	adding Subdivision (5-a) to read as follows:
146		-	(5-a) "Management company" means a person or entity
147		-	established or contracted to provide management or administrative
148		-	services on behalf of a property owners' association.
149		-	SECTION 10. Section 209.004, Property Code, is amended by
	52	+	SECTION 4. Section 207.001, Property Code, is amended by
	53	+	adding Subdivision (2-a) to read as follows:
	54	+	(2-a) "Management company" has the meaning assigned by
	55	+	Section 209.002.
	56	+	SECTION 5. Section 209.004, Property Code, is amended by
150	57		amending Subsections (a), (b), (c), and (e) and adding Subsection
151	58		(b-1) to read as follows:
152	59		(a) A property owners' association shall record in each
153	60		county in which any portion of the residential subdivision is
154	61		located a management certificate, signed and acknowledged by an
155	62		officer or the managing agent of the association, stating:
156	63		(1) the name of the subdivision;
157	64		(2) the name of the association;
158	65		(3) the recording data for the subdivision;
159	66		(4) the recording data for the declaration and any
160	67		amendments to the declaration;
161	68		(5) the name and mailing address of the association;
162	69		(6) the name, [and] mailing address, telephone number,
163	70		and e-mail address of the person managing the association or the
164	71		association's designated representative; [and]
165	72		(7) the website address of any Internet website on
166	73		which the association's dedicatory instruments are available in
167		-	accordance with Section 207.006;
168		-	(8) the amount and description of a fee or fees charged
169		-	by the association relating to a property transfer in the
170		-	subdivision; and
171		-	(9) other information the association considers
	74	+	accordance with Section 207.006; and
	75	+	(8) other information the association considers
172	76		appropriate.
173	77		(b) The property owners' association shall record an
174	78		amended management certificate in each county in which any portion
175	79		of the residential subdivision is located not later than the 30th
176	80		day after the date the association has notice of a change in any
177	81		information in the recorded certificate required by Subsection (a).
178	82		(b-1) Not later than the seventh day after the date a
179	83		property owners' association files a management certificate for
180	84		recording under Subsection (a) or files an amended management
181	85		certificate for recording under Subsection (b), the property
182	86		owners' association shall electronically file the management
183	87		certificate or amended management certificate with the Texas Real
184	88		Estate Commission. The Texas Real Estate Commission shall only
185	89		collect the management certificate and amended management
186	90		certificate for the purpose of making the data accessible to the
187	91		general public through an Internet website.
188	92		(c) Except as provided under Subsections (d) and (e), the
189	93		property owners' association and its officers, directors,
190	94		employees, and agents are not subject to liability to any person for
191	95		a delay in recording or failure to record a management certificate
192	96		with a county clerk's office or electronically file the management
193	97		certificate with the Texas Real Estate Commission, unless the delay
194	98		or failure is wilful or caused by gross negligence.
195	99		(e) A lien of a property owners' association that fails to
196	100		file a management certificate or an amended management certificate
197	101		under this section to secure an amount due on the effective date of
198	102		a transfer to a bona fide purchaser is enforceable only for an
199	103		amount incurred after the effective date of sale. An owner is not
200	104		liable for attorney's fees incurred by a property owners'
201	105		association relating to the collection of a delinquent assessment
202	106		against the owner or interest on the amount of a delinquent
203	107		assessment if the attorney's fees are incurred by the association
204	108		or the interest accrues during the period a management certificate
205	109		is not recorded with a county clerk or electronically filed with the
206	110		Texas Real Estate Commission as required by this section.
207		-	SECTION 11. Chapter 209, Property Code, is amended by
208		-	~~adding~~ Section 209.00505 to read as follows:
	111	+	SECTION 6. Chapter 209, Property Code, is amended by adding
	112	+	Section 209.00505 to read as follows:
209	113		Sec. 209.00505. ARCHITECTURAL REVIEW AUTHORITY. (a) In
210	114		this section, "architectural review authority" means the governing
211	115		authority for the review and approval of improvements within a
212	116		subdivision.
213	117		(b) This section:
214	118		(1) applies only to a property owners' association
215	119		that consists of more than 40 lots; and
216	120		(2) does not apply during a development period or
217	121		during any period in which the declarant:
218	122		(A) appoints at least a majority of the members
219	123		of the architectural review authority or otherwise controls the
220	124		appointment of the architectural review authority; or
221	125		(B) has the right to veto or modify a decision of
222	126		the architectural review authority.
223	127		(c) A person may not be appointed or elected to serve on an
224	128		architectural review authority if the person is:
225	129		(1) a current board member;
226	130		(2) a current board member's spouse; or
227	131		(3) a person residing in a current board member's
228	132		household.
229	133		(d) A decision by the architectural review authority
230	134		denying an application or request by an owner for the construction
231	135		of improvements in the subdivision may be appealed to the board. A
232	136		written notice of the denial must be provided to the owner by
233	137		certified mail, hand delivery, or electronic delivery. The notice
234	138		must:
235	139		(1) describe the basis for the denial in reasonable
236	140		detail and changes, if any, to the application or improvements
237	141		required as a condition to approval; and
238	142		(2) inform the owner that the owner may request a
239	143		hearing under Subsection (e) on or before the 30th day after the
240	144		date the notice was mailed to the owner.
241	145		(e) The board shall hold a hearing under this section not
242	146		later than the 30th day after the date the board receives the
243	147		owner's request for a hearing and shall notify the owner of the
244	148		date, time, and place of the hearing not later than the 10th day
245	149		before the date of the hearing. Only one hearing is required under
246	150		this subsection.
247	151		(f) During a hearing, the board or the designated
248	152		representative of the property owners' association and the owner or
249	153		the owner's designated representative will each be provided the
250	154		opportunity to discuss, verify facts, and resolve the denial of the
251	155		owner's application or request for the construction of
252	156		improvements, and the changes, if any, requested by the
253	157		architectural review authority in the notice provided to the owner
254	158		under Subsection (d).
255	159		(g) The board or the owner may request a postponement. If
256	160		requested, a postponement shall be granted for a period of not more
257	161		than 10 days. Additional postponements may be granted by agreement
258	162		of the parties.
259	163		(h) The property owners' association or the owner may make
260	164		an audio recording of the meeting.
261		-	(i) The board may affirm, modify, or reverse, in whole or in
262		-	part, any decision of the architectural review authority as
263		-	consistent with the subdivision's declaration.
264		-	SECTION 12. Sections 209.0051(e) and (h), Property Code,
265		-	are amended to read as follows:
	165	+	SECTION 7. Sections 209.0051(e) and (h), Property Code, are
	166	+	amended to read as follows:
266	167		(e) Members shall be given notice of the date, hour, place,
267	168		and general subject of a regular or special board meeting,
268	169		including a general description of any matter to be brought up for
269	170		deliberation in executive session. The notice shall be:
270	171		(1) mailed to each property owner not later than the
271	172		10th day or earlier than the 60th day before the date of the
272	173		meeting; or
273	174		(2) provided at least 144 [72] hours before the start
274	175		of a regular board [the] meeting and at least 72 hours before the
275	176		start of a special board meeting by:
276	177		(A) posting the notice in a conspicuous manner
277	178		reasonably designed to provide notice to property owners'
278	179		association members:
279	180		(i) in a place located on the association's
280	181		common property or, with the property owner's consent, on other
281	182		conspicuously located privately owned property within the
282	183		subdivision; or
283	184		(ii) on any Internet website available to
284	185		association members that is maintained by the association or by a
285	186		management company on behalf of the association [other Internet
286	187		media]; and
287	188		(B) sending the notice by e-mail to each owner
288	189		who has registered an e-mail address with the association.
289	190		(h) Except as provided by this subsection, a board may take
290	191		action outside of a meeting, including voting by electronic or
291	192		telephonic means, without prior notice to owners under Subsection
292	193		(e), if each board member is given a reasonable opportunity to
293	194		express the board member's opinion to all other board members and to
294	195		vote. Any action taken without notice to owners under Subsection
295	196		(e) must be summarized orally, including an explanation of any
296	197		known actual or estimated expenditures approved at the meeting, and
297	198		documented in the minutes of the next regular or special board
298	199		meeting. The board may not, unless done in an open meeting for
299	200		which prior notice was given to owners under Subsection (e),
300	201		consider or vote on:
301	202		(1) fines;
302	203		(2) damage assessments;
303	204		(3) initiation of foreclosure actions;
304	205		(4) initiation of enforcement actions, excluding
305	206		temporary restraining orders or violations involving a threat to
306	207		health or safety;
307	208		(5) increases in assessments;
308	209		(6) levying of special assessments;
309	210		(7) appeals from a denial of architectural control
310	211		approval;
311	212		(8) a suspension of a right of a particular owner
312	213		before the owner has an opportunity to attend a board meeting to
313	214		present the owner's position, including any defense, on the issue;
314	215		(9) lending or borrowing money;
315	216		(10) the adoption or amendment of a dedicatory
316	217		instrument;
317	218		(11) the approval of an annual budget or the approval
318	219		of an amendment of an annual budget [that increases the budget by
319	220		more than 10 percent];
320	221		(12) the sale or purchase of real property;
321	222		(13) the filling of a vacancy on the board;
322	223		(14) the construction of capital improvements other
323	224		than the repair, replacement, or enhancement of existing capital
324	225		improvements; or
325	226		(15) the election of an officer.
326		-	SECTION 13. Section 209.0052, Property Code, is amended by
327		-	adding Subsection (c) to read as follows:
328		-	(c) In addition to the other applicable requirements of this
329		-	section, an association that proposes to contract for services that
330		-	will cost more than $50,000 shall solicit bids or proposals using a
331		-	bid process established by the association.
332		-	SECTION 14. Section 209.006(a), Property Code, is amended
333		-	to read as follows:
	227	+	SECTION 8. Section 209.006(a), Property Code, is amended to
	228	+	read as follows:
334	229		(a) Before a property owners' association may suspend an
335	230		owner's right to use a common area, file a suit against an owner
336	231		other than a suit to collect a regular or special assessment or
337	232		foreclose under an association's lien, charge an owner for property
338	233		damage, [or] levy a fine for a violation of the restrictions or
339	234		bylaws or rules of the association, or report any delinquency of an
340	235		owner to a credit reporting service, the association or its agent
341	236		must give written notice to the owner by certified mail.
342		-	SECTION 15. Section 209.0063(a), Property Code, is amended
	237	+	SECTION 9. Section 209.0063(a), Property Code, is amended
343	238		to read as follows:
344	239		(a) Except as provided by Subsection (b), a payment received
345	240		by a property owners' association from the owner shall be applied to
346	241		the owner's debt in the following order of priority:
347	242		(1) any delinquent assessment;
348	243		(2) any current assessment;
349	244		(3) any reasonable attorney's fees or reasonable third
350	245		party collection costs incurred by the association associated
351	246		solely with assessments or any other charge that could provide the
352	247		basis for foreclosure;
353	248		(4) any reasonable attorney's fees incurred by the
354	249		association that are not subject to Subdivision (3);
355	250		(5) any reasonable fines assessed by the association;
356	251		and
357	252		(6) any other reasonable amount owed to the
358	253		association.
359		-	SECTION 16. Section 209.0064(b), Property Code, is amended
	254	+	SECTION 10. Section 209.0064(b), Property Code, is amended
360	255		to read as follows:
361	256		(b) A property owners' association may not hold an owner
362	257		liable for fees of a collection agent retained by the association
363	258		unless the association first provides written notice to the owner
364	259		by certified mail that:
365	260		(1) specifies each delinquent amount and the total
366	261		amount of the payment required to make the account current;
367	262		(2) if the association is subject to Section 209.0062
368	263		or the association's dedicatory instruments contain a requirement
369	264		to offer a payment plan, describes the options the owner has to
370	265		avoid having the account turned over to a collection agent,
371	266		including information regarding availability of a payment plan
372	267		through the association; and
373	268		(3) provides a period of at least 45 [30] days for the
374	269		owner to cure the delinquency before further collection action is
375	270		taken.
376		-	SECTION 17. Chapter 209, Property Code, is amended by
	271	+	SECTION 11. Chapter 209, Property Code, is amended by
377	272		adding Section 209.0065 to read as follows:
378	273		Sec. 209.0065. CREDIT REPORTING SERVICES. (a) A property
379	274		owners' association or the association's collection agent may not
380	275		report any delinquent fines, fees, or assessments to a credit
381	276		reporting service that are the subject of a pending dispute between
382	277		the owner and the property owners' association.
383		-	(b) A property owners' association may report the
384		-	delinquent payment history of assessments, fines, and fees of
385		-	property owners within its jurisdiction to a credit reporting
386		-	service only if:
	278	+	(b) A property owners' association may report delinquent
	279	+	payment history assessments, fines, and fees of property owners
	280	+	within its jurisdiction to a credit reporting service only if:
387	281		(1) at least 30 business days before reporting to a
388	282		credit reporting service, the association sends, via certified
389	283		mail, hand delivery, electronic delivery, or by other delivery
390	284		means acceptable between the parties, a detailed report of all
391	285		delinquent charges owed; and
392	286		(2) a property owner has been given the opportunity to
393	287		enter into a payment plan.
394		-	(c) A property owners' association may not charge a fee to
395		-	an individual property owner for the reporting under Subsection (b)
396		-	of the delinquent payment history of assessments, fines, and fees
397		-	of property owners within the association's jurisdiction to a
398		-	credit reporting service.
399		-	SECTION 18. Section 209.007, Property Code, is amended by
	288	+	SECTION 12. Section 209.007, Property Code, is amended by
400	289		amending Subsection (a) and adding Subsections (f), (g), and (h) to
401	290		read as follows:
402	291		(a) Except as provided by Subsection (d) and only if [If]
403	292		the owner is entitled to an opportunity to cure the violation, the
404	293		owner has the right to submit a written request for a hearing to
405	294		discuss and verify facts and resolve the matter in issue before [a
406	295		committee appointed by] the board [of the property owners'
407	296		association or before the board if the board does not appoint a
408	297		committee].
409	298		(f) Not later than 10 days before the association holds a
410	299		hearing under this section, the association shall provide to an
411	300		owner a packet containing all documents, photographs, and
412	301		communications relating to the matter the association intends to
413	302		introduce at the hearing.
414	303		(g) If an association does not provide a packet within the
415	304		period described by Subsection (f), an owner is entitled to an
416	305		automatic 15-day postponement of the hearing.
417	306		(h) During a hearing, a member of the board or the
418	307		association's designated representative shall first present the
419	308		association's case against the owner. An owner or the owner's
420	309		designated representative is entitled to present the owner's
421	310		information and issues relevant to the appeal or dispute.
422		-	SECTION 19. Section 209.015(c), Property Code, is amended
	311	+	SECTION 13. Section 209.015(c), Property Code, is amended
423	312		to read as follows:
424	313		(c) An owner must obtain the approval of the property
425	314		owners' association or, if applicable, an architectural review
426	315		authority, as defined by Section 209.00505(a), [committee]
427	316		established by the association or the association's dedicatory
428	317		instruments, based on criteria prescribed by the dedicatory
429	318		instruments specific to the use of a lot for residential purposes,
430	319		including reasonable restrictions regarding size, location,
431	320		shielding, and aesthetics of the residential purpose, before the
432	321		owner begins the construction, placement, or erection of a
433	322		building, structure, or other improvement for the residential
434	323		purpose on an adjacent lot.
435		-	SECTION 20. Section 209.016, Property Code, is amended by
	324	+	SECTION 14. Section 209.016, Property Code, is amended by
436	325		amending Subsection (d) and adding Subsection (e) to read as
437	326		follows:
438	327		(d) Nothing [Except as provided by Subsection (b), nothing]
439	328		in this section shall be construed to prohibit the adoption or
440	329		enforcement of a provision in a dedicatory instrument establishing
441	330		a restriction relating to occupancy or leasing.
442	331		(e) A property owners' association may request the
443	332		following information to be submitted to the association regarding
444	333		a lease or rental applicant:
445	334		(1) contact information, including the name, mailing
446	335		address, phone number, and e-mail address of each person who will
447	336		reside at a property in the subdivision under a lease; and
448	337		(2) the commencement date and term of the lease.
449		-	SECTION 21. Chapter 209, Property Code, is amended by
450		-	adding Section 209.017 to read as follows:
451		-	Sec. 209.017. JUSTICE COURT JURISDICTION. An owner of
452		-	property in a subdivision may bring an action for a violation of
453		-	this chapter against the property owners' association of the
454		-	subdivision in the justice court of a precinct in which all or part
455		-	of the subdivision is located.
456		-	SECTION 22. The following provisions of the Property Code
	338	+	SECTION 15. Section 209.002, Property Code, is amended by
	339	+	adding Subdivision (5-a) to read as follows:
	340	+	(5-a) "Management company" means a person or entity
	341	+	established or contracted to provide management or administrative
	342	+	services on behalf of a property owners' association.
	343	+	SECTION 16. The following provisions of the Property Code
457	344		are repealed:
458		-	(1) Sections 202.018(c) and (d);
459		-	(2) Section 209.007(b); and
460		-	(3) Sections 209.016(a) and (c).
461		-	SECTION 23. (a) Not later than December 1, 2021, the Texas
	345	+	(1) Section 209.007(b); and
	346	+	(2) Sections 209.016(a) and (c).
	347	+	SECTION 17. (a) Not later than December 1, 2021, the Texas
462	348		Real Estate Commission shall establish and make available the
463	349		system necessary for the electronic filing of management
464	350		certificates and amended management certificates as required under
465	351		Section 209.004(b-1), Property Code, as added by this Act.
466	352		(b) Notwithstanding Section 209.004(b-1), Property Code, as
467	353		added by this Act, a property owners' association that has on or
468	354		before December 1, 2021, recorded a management certificate or
469	355		amended management certificate with a county clerk under Section
470	356		209.004, Property Code, shall electronically file the most recently
471	357		recorded management certificate or amended management certificate
472	358		with the Texas Real Estate Commission not later than June 1, 2022.
473		-	SECTION 24. Section 209.0052(c), Property Code, as added by
474		-	this Act, applies only to a contract for services proposed by a
475		-	property owners' association on or after the effective date of this
476		-	Act.
477		-	SECTION 25. Section 209.0065, Property Code, as added by
	359	+	SECTION 18. Section 209.0065, Property Code, as added by
478	360		this Act, applies only to a fine, fee, or assessment that becomes
479	361		due on or after the effective date of this Act. A fine, fee, or
480	362		assessment that becomes due before the effective date of this Act is
481	363		governed by the law in effect immediately before the effective date
482	364		of this Act, and that law is continued in effect for that purpose.
483		-	SECTION 26. Section 209.017, Property Code, as added by
484		-	this Act, applies only to an action brought on or after September 1,
485		-	2021.
486		-	SECTION 27. (a) Except as provided by Subsection (b) of
	365	+	SECTION 19. (a) Except as provided by Subsection (b) of
487	366		this section, this Act takes effect September 1, 2021.
488	367		(b) Section 209.004(b-1), Property Code, as added by this
489	368		Act, takes effect December 1, 2021.
490		-	______________________________ ______________________________
491		-	President of the Senate Speaker of the House
492		-	I hereby certify that S.B. No. 1588 passed the Senate on
493		-	April 28, 2021, by the following vote: Yeas 28, Nays 3;
494		-	May 25, 2021, Senate refused to concur in House amendments and
495		-	requested appointment of Conference Committee; May 27, 2021, House
496		-	granted request of the Senate; May 30, 2021, Senate adopted
497		-	Conference Committee Report by the following vote: Yeas 28,
498		-	Nays 3.
499		-	______________________________
500		-	Secretary of the Senate
501		-	I hereby certify that S.B. No. 1588 passed the House, with
502		-	amendments, on May 20, 2021, by the following vote: Yeas 144,
503		-	Nays 2, one present not voting; May 27, 2021, House granted request
504		-	of the Senate for appointment of Conference Committee;
505		-	May 30, 2021, House adopted Conference Committee Report by the
506		-	following vote: Yeas 139, Nays 4, one present not voting.
507		-	______________________________
508		-	Chief Clerk of the House
509		-	Approved:
510		-	______________________________
511		-	Date
512		-	______________________________
513		-	Governor