Bill Text: TX HB3844 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the establishment of the department of consumer affairs services for property owners and property owners' associations within the office of the attorney general.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-23 - Referred to Business & Industry [HB3844 Detail]
Download: Texas-2021-HB3844-Introduced.html
87R11610 MWC-F | ||
By: J. Johnson of Harris | H.B. No. 3844 |
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relating to the establishment of the department of consumer affairs | ||
services for property owners and property owners' associations | ||
within the office of the attorney general. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 402, Government Code, is | ||
amended by adding Section 402.0235 to read as follows: | ||
Sec. 402.0235. DEPARTMENT OF CONSUMER AFFAIRS SERVICES FOR | ||
PROPERTY OWNERS AND PROPERTY OWNERS' ASSOCIATIONS. (a) In this | ||
section: | ||
(1) "Department" means the department of consumer | ||
affairs services for property owners and property owners' | ||
associations established under this section. | ||
(2) "Property owners' association" has the meaning | ||
assigned by Section 202.001, Property Code. | ||
(b) The department of consumer affairs services for | ||
property owners and property owners' associations is established | ||
within the office of the attorney general. | ||
(c) The department shall receive and make a record of any | ||
complaint, by telephone or in writing, from a property owner or | ||
property owners' association. | ||
(d) The department shall develop and make available to the | ||
public a form to be used by a property owner or property owners' | ||
association to submit a written complaint under Subsection (c) or | ||
by a department employee to make a record of a complaint received by | ||
telephone under Subsection (c). The form must include spaces for | ||
the property owner or property owners' association to provide or | ||
the department employee to record: | ||
(1) the property owner's name; | ||
(2) the name and contact information of the property | ||
owners' association, including the county and municipality, if | ||
applicable, where the association is located; | ||
(3) the name and contact information of any management | ||
company engaged by the property owners' association, including the | ||
management company's telephone number, owner's name, and street and | ||
mailing addresses; | ||
(4) whether a property owner: | ||
(A) was informed that membership in the property | ||
owners' association was required as a condition of property | ||
ownership, including, if applicable, when and by whom the property | ||
owner was informed; | ||
(B) received a copy of the property owners' | ||
association's governing documents and if the documents were | ||
obtained before or after the property owner received title to the | ||
property; | ||
(C) was denied access to the property owners' | ||
association's governing documents and, if so, any actions the | ||
property owner took to attempt to obtain a copy of the documents; | ||
and | ||
(D) understands the rights and obligations of the | ||
property owner and property owners' association under the property | ||
owners' association's governing documents; | ||
(5) the nature of the property owner's or property | ||
owners' association's complaint; | ||
(6) whether the property owner attempted to | ||
communicate a complaint to the property owners' association or the | ||
property owners' association's management company, if applicable, | ||
whether the property owner exhausted all remedies in accordance | ||
with any terms under the property owners' association's governing | ||
documents or applicable rules and regulations, and what action, if | ||
any, the property owners' association or the property owners' | ||
association's management company took concerning the complaint; | ||
(7) whether the property owner agrees or disagrees | ||
with the provisions of the property owners' association's governing | ||
documents that are the subject of the complaint; | ||
(8) whether the property owner agrees or disagrees | ||
with how the provisions of the property owners' association's | ||
governing documents were enforced and any recommendations for | ||
changing the provisions of the property owners' association's | ||
governing documents or means of enforcement, including whether the | ||
property owner feels that more or less enforcement is needed; | ||
(9) whether a response was provided by the applicable | ||
property owners' association or property owner to a specific | ||
complaint provided by the department under Subsection (e) and, if | ||
applicable, the contents of the response; and | ||
(10) if applicable, the identity of the department | ||
employee creating the record. | ||
(e) On receiving a property owner's or property owners' | ||
association's complaint, the department shall provide the | ||
complaint to the property owner or the property owners' association | ||
complained against in a manner that verifies receipt of the | ||
complaint by the property owner or property owners' association, so | ||
that the property owner or property owners' association may | ||
determine whether the property owner or property owners' | ||
association desires to respond to the complaint. | ||
(f) Any complaints related to the validity of a property | ||
owners' association shall be referred to the appropriate division | ||
in the office of the attorney general. | ||
(g) Not later than January 31 of each year, the department | ||
shall submit a consolidated report of all complaints received under | ||
and associated information collected as required by this section | ||
to: | ||
(1) the governor; and | ||
(2) each member of the legislature. | ||
(h) The department shall post on the office of the attorney | ||
general's Internet website the consolidated report required by | ||
Subsection (g). The public report: | ||
(1) must include categorized, filterable, and | ||
searchable information compiled from the complaints and responses; | ||
and | ||
(2) may not contain any personal or private | ||
information contained in the complaints and responses, including | ||
names, addresses, and telephone numbers. | ||
(i) The prohibition on the disclosure of personal and | ||
private information specified under Subsection (h)(2) does not | ||
apply to information concerning a property owners' association or a | ||
property owners' association's management company. | ||
SECTION 2. This Act takes effect September 1, 2021. |