Bill Text: TX HB614 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to property owners' association fines.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-12 - Effective on 1/1/24 [HB614 Detail]
Download: Texas-2023-HB614-Comm_Sub.html
Bill Title: Relating to property owners' association fines.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-12 - Effective on 1/1/24 [HB614 Detail]
Download: Texas-2023-HB614-Comm_Sub.html
By: Shaheen (Senate Sponsor - Springer) | H.B. No. 614 | |
(In the Senate - Received from the House May 10, 2023; | ||
May 11, 2023, read first time and referred to Committee on Local | ||
Government; May 22, 2023, reported favorably by the following | ||
vote: Yeas 7, Nays 1; May 22, 2023, sent to printer.) | ||
COMMITTEE VOTE | ||
YeaNayAbsentPNV | ||
BettencourtX | ||
SpringerX | ||
EckhardtX | ||
GutierrezX | ||
HallX | ||
NicholsX | ||
ParkerX | ||
PaxtonX | ||
WestX | ||
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relating to property owners' association fines. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 209, Property Code, is amended by adding | ||
Section 209.0061 to read as follows: | ||
Sec. 209.0061. ASSOCIATION POLICY; FINES. (a) This | ||
section does not apply to a property owners' association that is not | ||
authorized by the association's dedicatory instrument to levy a | ||
fine. | ||
(b) A property owners' association board shall adopt an | ||
enforcement policy regarding the levying of fines by the property | ||
owners' association. The policy must include: | ||
(1) general categories of restrictive covenants for | ||
which the association may assess fines; | ||
(2) a schedule of fines for each category of | ||
violation; and | ||
(3) information regarding hearings described by | ||
Section 209.007. | ||
(c) The enforcement policy adopted pursuant to Subsection | ||
(b) may reserve the board's authority to levy a fine from the | ||
schedule of fines that varies on a case-by-case basis. | ||
(d) Each property owners' association shall: | ||
(1) provide a copy of the policy to an owner of each | ||
property in the subdivision by: | ||
(A) posting the policy on an Internet website | ||
maintained by the property owners' association or an agent acting | ||
on behalf of the association and accessible to members of the | ||
association; or | ||
(B) annually sending a copy of the policy, | ||
separately or included in routine communication from the property | ||
owners' association to property owners, by: | ||
(i) hand delivery to the owner; | ||
(ii) first class mail to the owner's last | ||
known mailing address; or | ||
(iii) e-mail to an e-mail address provided | ||
to the property owners' association by the owner; and | ||
(2) make the policy available on any publicly | ||
accessible Internet website maintained by the property owners' | ||
association or an agent acting on behalf of the association. | ||
SECTION 2. Section 209.0061, Property Code, as added by | ||
this Act, applies only to a fine that becomes due on or after the | ||
effective date of this Act. A fine that becomes due before the | ||
effective date of this Act is governed by the law in effect | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect January 1, 2024. | ||
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