| 1 | 1 | | 87R4674 DRS-D |
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| 2 | 2 | | By: Miles S.B. No. 749 |
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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 the foreclosure of property owners' association |
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| 8 | 8 | | assessment liens on certain boarding home facilities. |
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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. Chapter 209, Property Code, is amended by adding |
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| 11 | 11 | | Section 209.017 to read as follows: |
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| 12 | 12 | | Sec. 209.017. FORECLOSURE SALE OF CERTAIN BOARDING HOME |
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| 13 | 13 | | FACILITIES. (a) In this section: |
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| 14 | 14 | | (1) "Abuse" and "neglect" have the meanings assigned |
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| 15 | 15 | | by Section 260A.001, Health and Safety Code. |
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| 16 | 16 | | (2) "Boarding home facility" has the meaning assigned |
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| 17 | 17 | | by Section 260.001, Health and Safety Code. |
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| 18 | 18 | | (b) Notwithstanding Section 209.009 or other law, a |
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| 19 | 19 | | property owners' association may judicially foreclose a property |
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| 20 | 20 | | owners' association's assessment lien on property used as a |
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| 21 | 21 | | boarding home facility if: |
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| 22 | 22 | | (1) the debt securing the lien consists solely of |
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| 23 | 23 | | fines assessed by the association for a violation of the |
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| 24 | 24 | | restrictions or bylaws or rules of the association; and |
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| 25 | 25 | | (2) the violation constitutes neglect or abuse of a |
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| 26 | 26 | | resident of the boarding home facility. |
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| 27 | 27 | | (c) The court must conduct a hearing to determine whether a |
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| 28 | 28 | | resident of the boarding home facility suffered abuse or neglect at |
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| 29 | 29 | | the facility. If the court determines that abuse or neglect |
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| 30 | 30 | | occurred, the court may award proceeds from the foreclosure sale of |
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| 31 | 31 | | the boarding home facility to the victim of the abuse or neglect as |
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| 32 | 32 | | damages. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to a violation committed on or after the effective date of this Act. |
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| 35 | 35 | | A violation committed before the effective date of this Act is |
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| 36 | 36 | | governed by the law in effect on the date the violation was |
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| 37 | 37 | | committed, and the former law is continued in effect for that |
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| 38 | 38 | | purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2021. |
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