89R15139 RAL-D
By: Hickland H.B. No. 4447
A BILL TO BE ENTITLED
AN ACT
relating to information that a property owners' association must
file with the Texas Real Estate Commission; authorizing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 209, Property Code, is amended by adding
Section 209.00405 to read as follows:
Sec. 209.00405. INFORMATION TO BE FILED WITH TEXAS REAL
ESTATE COMMISSION. (a) In this section, "commission" means the
Texas Real Estate Commission.
(b) Not later than the seventh day after the date a property
owners' association files a management certificate for recording
under Section 209.004(a) or files an amended management certificate
for recording under Section 209.004(b), the property owners'
association shall electronically file the following information
with the commission:
(1) the rules and regulations adopted by the property
owners' association; and
(2) the enforcement policy required under Section
209.0061.
(c) The commission shall only collect the information
required under Subsection (b) for the purpose of making the data
accessible to the general public through an Internet website.
(d) A property owners' association that fails to file the
information required under Subsection (b) is subject to an
administrative penalty imposed by the commission of $1,000 for the
first day of the violation and $500 for each additional day that the
association fails to file the information. The commission shall
deposit penalties collected under this section as general revenue
in the state treasury.
(e) A property owners' association may not recoup the amount
of an administrative penalty imposed under Subsection (d) from
members of the property owners' association.
SECTION 2. (a) Not later than December 1, 2025, the Texas
Real Estate Commission shall establish and make available the
system necessary for the electronic filing of the information
required under Section 209.00405(b), Property Code, as added by
this Act.
(b) Notwithstanding Section 209.00405(b), Property Code, as
added by this Act, a property owners' association that has on or
before December 1, 2025, recorded a management certificate or
amended management certificate with a county clerk under Section
209.004, Property Code, shall electronically file the information
required by Section 209.00405(b), Property Code, with the Texas
Real Estate Commission not later than June 1, 2026.
SECTION 3. This Act takes effect September 1, 2025.