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81st Legislature - Regular Session
Bills of Interest (Partial Listing)
Contact David Smith, TNT Legislative Affairs (972-516-3849) (legislation@texasneighborhoods.org)
Last Update: March 22, 2009
Changes mades since February 25 update
are noted with yellow background
(A) Deed restrictions can be amended by a 67% vote;
(B) Cast ballots re deed restriction amendments must be filed with the county clerk fee free;
(C) Neutral third parties must tabulate certain membership votes; (D) Owners cannot be disqualified from voting; (E) Owners cannot be disqualified from candidacy, but deliquency information
can be publicized;
(F) Association board member terms may be no longer than 3 years;
(G) Association election polling place open from 7 to 7;
(H) By-laws specifications
Strongly support (A), recommend changing to simple majority;
Oppose (C)-(H)
To be determined: (B)
(A) Association fines must be reasonable and can be applied to tenants;
(B) Reasonable payment plans must be available, not over one year;
(C) Payments from owners applied to assessments first, fines and attorneys fees last; (D) Collection actions allowed up to 10 years
(1) and (2) - Attorneys fees awards and information for purchasers - same as SB 234;
(3A) Prohibits association right of first refusal - same as SB 235;
(3B) Associations cannot prohibit or restrict solar energy devices. - same as SB 236;
(4) Changes in information in resale certificates;
(5) Various provisions which are also in SB 237;
(5A) Deed restrictions can be amended by a 67% vote; (5B) Cast ballots re: deed restriction amendments must be filed with the county clerk fee free;
(5C) Neutral third parties must tabulate certain membership votes;
(5D) Owners cannot be disqualified from voting; (5E) Owners cannot be disqualified from candidacy, but deliquency information
can be publicized;
(6) Owners may seek certain remedies against associations in court;
(7) Penalties for not making records reasonably available - same as SB 238;
(8A-D) Fines, payment plans, application of payments and collection - same as SB 240; (8E) Judicial foreclosure required unless waived by the owner - same as SB 241
Strongly oppose (8C) and (8E);
Oppose (3), (5C), (5D) and (5E);
Strongly support (5A), recommend changing to simple majority;
Support (8A), (8B), and (8D);
Position Pending: (1), (2), (4), (5B), (6), and (7)