| 1 | 1 | | 89R15139 RAL-D |
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| 2 | 2 | | By: Hickland H.B. No. 4447 |
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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 information that a property owners' association must |
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| 10 | 10 | | file with the Texas Real Estate Commission; authorizing an |
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| 11 | 11 | | administrative penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 209, Property Code, is amended by adding |
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| 14 | 14 | | Section 209.00405 to read as follows: |
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| 15 | 15 | | Sec. 209.00405. INFORMATION TO BE FILED WITH TEXAS REAL |
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| 16 | 16 | | ESTATE COMMISSION. (a) In this section, "commission" means the |
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| 17 | 17 | | Texas Real Estate Commission. |
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| 18 | 18 | | (b) Not later than the seventh day after the date a property |
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| 19 | 19 | | owners' association files a management certificate for recording |
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| 20 | 20 | | under Section 209.004(a) or files an amended management certificate |
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| 21 | 21 | | for recording under Section 209.004(b), the property owners' |
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| 22 | 22 | | association shall electronically file the following information |
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| 23 | 23 | | with the commission: |
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| 24 | 24 | | (1) the rules and regulations adopted by the property |
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| 25 | 25 | | owners' association; and |
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| 26 | 26 | | (2) the enforcement policy required under Section |
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| 27 | 27 | | 209.0061. |
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| 28 | 28 | | (c) The commission shall only collect the information |
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| 29 | 29 | | required under Subsection (b) for the purpose of making the data |
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| 30 | 30 | | accessible to the general public through an Internet website. |
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| 31 | 31 | | (d) A property owners' association that fails to file the |
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| 32 | 32 | | information required under Subsection (b) is subject to an |
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| 33 | 33 | | administrative penalty imposed by the commission of $1,000 for the |
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| 34 | 34 | | first day of the violation and $500 for each additional day that the |
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| 35 | 35 | | association fails to file the information. The commission shall |
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| 36 | 36 | | deposit penalties collected under this section as general revenue |
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| 37 | 37 | | in the state treasury. |
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| 38 | 38 | | (e) A property owners' association may not recoup the amount |
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| 39 | 39 | | of an administrative penalty imposed under Subsection (d) from |
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| 40 | 40 | | members of the property owners' association. |
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| 41 | 41 | | SECTION 2. (a) Not later than December 1, 2025, the Texas |
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| 42 | 42 | | Real Estate Commission shall establish and make available the |
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| 43 | 43 | | system necessary for the electronic filing of the information |
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| 44 | 44 | | required under Section 209.00405(b), Property Code, as added by |
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| 45 | 45 | | this Act. |
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| 46 | 46 | | (b) Notwithstanding Section 209.00405(b), Property Code, as |
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| 47 | 47 | | added by this Act, a property owners' association that has on or |
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| 48 | 48 | | before December 1, 2025, recorded a management certificate or |
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| 49 | 49 | | amended management certificate with a county clerk under Section |
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| 50 | 50 | | 209.004, Property Code, shall electronically file the information |
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| 51 | 51 | | required by Section 209.00405(b), Property Code, with the Texas |
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| 52 | 52 | | Real Estate Commission not later than June 1, 2026. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2025. |
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