By: Flores S.B. No. 2586
(In the Senate - Filed March 13, 2025; April 3, 2025, read
first time and referred to Committee on Business & Commerce;
May 5, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 11, Nays 0; May 5, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2586 By: King
A BILL TO BE ENTITLED
AN ACT
relating to information that a property owners' association must
file with the Texas Real Estate Commission.
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 property owners' association's dedicatory
instruments; and
(2) the enforcement policy required under Section
209.0061, as applicable.
(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) Except as provided under Subsection (e), a property
owners' association and its officers, directors, employees, and
agents are not subject to liability to any person for a delay in
electronically filing or failure to electronically file the
information required under Subsection (b) with the commission,
unless the delay or failure is wilful or caused by gross negligence.
(e) If a property owners' association fails to file the
information required under Subsection (b), an owner is not liable
to the property owners' association for any assessments, fines, or
fees levied against the owner by the association during the period
the information is not electronically filed with the commission as
required under Subsection (b).
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.
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