bill making property owners’ associations file rules with the state

The text as introduced · 379 words

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.