| 1 | 1 | | 89R14381 RAL-F |
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| 2 | 2 | | By: Gerdes H.B. No. 3908 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the violation of the restrictions, bylaws, or rules of a |
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| 10 | 10 | | property owners' association. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 209.006, Property Code, is amended by |
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| 13 | 13 | | adding Subsections (a-1) and (a-2) to read as follows: |
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| 14 | 14 | | (a-1) A property owners' association shall provide the |
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| 15 | 15 | | notice required by Subsection (a) for a violation of the |
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| 16 | 16 | | restrictions or bylaws or rules of the association not later than |
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| 17 | 17 | | the 180th day after the date the violation occurs. |
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| 18 | 18 | | (a-2) If a property owners' association fails to provide |
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| 19 | 19 | | notice of a violation of the restrictions or bylaws or rules of the |
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| 20 | 20 | | association as required by Subsection (a-1), a fine may not be |
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| 21 | 21 | | assessed for the violation. |
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| 22 | 22 | | SECTION 2. Section 209.0061, Property Code, is amended by |
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| 23 | 23 | | adding Subsection (e) to read as follows: |
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| 24 | 24 | | (e) A property owners' association must levy any fine for a |
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| 25 | 25 | | subsequent violation of a restriction or a bylaw or rule of the |
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| 26 | 26 | | association before the 180th day after the date the initial |
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| 27 | 27 | | violation occurred or the 30th day after the date notice is given |
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| 28 | 28 | | under Section 209.006, whichever is later. |
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| 29 | 29 | | SECTION 3. Section 209.006, Property Code, as amended by |
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| 30 | 30 | | this Act, applies only to an enforcement action initiated by a |
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| 31 | 31 | | property owners' association on or after the effective date of this |
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| 32 | 32 | | Act. An enforcement action initiated before the effective date of |
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| 33 | 33 | | this Act is governed by the law in effect immediately before the |
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| 34 | 34 | | effective date of this Act, and that law is continued in effect for |
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| 35 | 35 | | that purpose. |
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| 36 | 36 | | SECTION 4. Section 209.0061, Property Code, as amended by |
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| 37 | 37 | | this Act, applies only to a fine levied on or after the effective |
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| 38 | 38 | | date of this Act. A fine levied before the effective date of this |
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| 39 | 39 | | Act is governed by the law in effect immediately before the |
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| 40 | 40 | | effective date of this Act, and that law is continued in effect for |
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| 41 | 41 | | that purpose. |
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| 42 | 42 | | SECTION 5. This Act takes effect September 1, 2025. |
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