| 1 | 1 | | 89R14511 JBD-F |
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| 2 | 2 | | By: Kitzman H.B. No. 4566 |
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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 a written request for access to or information from a |
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| 10 | 10 | | property owners' association's books and records. |
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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 209.005, Property Code, is amended by |
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| 13 | 13 | | amending Subsection (e) and adding Subsections (e-1), (e-2), and |
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| 14 | 14 | | (e-3) to read as follows: |
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| 15 | 15 | | (e) An owner or the owner's authorized representative |
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| 16 | 16 | | described by Subsection (c) must submit a written request for |
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| 17 | 17 | | access or information under Subsection (c) to [by certified mail, |
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| 18 | 18 | | with sufficient detail describing the property owners' |
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| 19 | 19 | | association's books and records requested, to the mailing address |
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| 20 | 20 | | of] the association or the association's authorized representative |
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| 21 | 21 | | as reflected on the most current management certificate filed under |
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| 22 | 22 | | Section 209.004. The request must be submitted by: |
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| 23 | 23 | | (1) United States mail; |
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| 24 | 24 | | (2) electronic mail; |
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| 25 | 25 | | (3) hand delivery; or |
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| 26 | 26 | | (4) any other appropriate method approved by the |
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| 27 | 27 | | association, including facsimile transmission or electronic |
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| 28 | 28 | | submission through the association's Internet website. |
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| 29 | 29 | | (e-1) A [The] request for access or information under |
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| 30 | 30 | | Subsection (c) must contain: |
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| 31 | 31 | | (1) sufficient detail describing the property owners' |
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| 32 | 32 | | association's books and records that are the subject of the |
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| 33 | 33 | | request; and |
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| 34 | 34 | | (2) an election either to inspect the books and |
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| 35 | 35 | | records before obtaining copies or to have the property owners' |
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| 36 | 36 | | association forward copies of the requested books and records. |
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| 37 | 37 | | (e-2) If [and: |
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| 38 | 38 | | [(1) if] an inspection is requested under Subsection |
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| 39 | 39 | | (e-1)(2), the association, on or before the 10th business day after |
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| 40 | 40 | | the date the association receives the request, shall send written |
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| 41 | 41 | | notice of dates during normal business hours that the owner may |
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| 42 | 42 | | inspect the requested books and records to the extent those books |
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| 43 | 43 | | and records are in the possession, custody, or control of the |
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| 44 | 44 | | association. |
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| 45 | 45 | | (e-3) If [; or |
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| 46 | 46 | | [(2) if] copies of identified books and records are |
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| 47 | 47 | | requested under Subsection (e-1)(2), the association shall, to the |
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| 48 | 48 | | extent those books and records are in the possession, custody, or |
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| 49 | 49 | | control of the association, produce the requested books and records |
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| 50 | 50 | | for the requesting party on or before the 10th business day after |
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| 51 | 51 | | the date the association receives the request, except as otherwise |
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| 52 | 52 | | provided by this section. |
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| 53 | 53 | | SECTION 2. This Act takes effect September 1, 2025. |
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