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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
Bill
TNT
Position
Description
Notes
Status
Priorty Package—Municipal Authority
HB 2315
(Patrick)
Support
 Empower cities to assess fees on vacant commercial buildings that can be used to abate code violations    
HB 2346
(Thibaut)
Support
 Authorizes city employees to request towing of vehicles parked in tow-away zones in residential areas    
HB 2506
(Kolkhorst)
Pending
 Lawsuits making a permit vesting claim must be filed within 5 years of the submission of the application or plan    
HB 2369
(Isett)
Oppose
 Prohibits photographic traffic enforcement systems    
HB 3275
(Ortiz)
Neutral
 Require cities to obtain TXDoT approval for red light cameras at state highway intersections    
HB 3397
(C. Howard)
Strongly Oppose
 Makes city approval of certain down-zoning requests mandatory    
HB 4271
(Y. Davis)
Support
 Grant additional city authority over group homes    
HB 4643
(Lucio)
Neutral
 Set yellow time at maximum allowable where there are red-light cameras    
SB 1180
(Patrick)
Strongly Oppose
 Make most city regulations subject to the Private Real Property Rights Preservation Act    
SB 1447
(West)
Support
 Authorizes cities to take certain actions in regard to substandard buildings    
SB 1448
(West)
Support
 Authorizes tenants and cities to take certain actions in regard to substandard buildings    
SB 1449
(West)
Support
 Authorizes housing authorities and cities to take certain actions in regard to substandard buildings    
Priorty Package—Municipal Notification
HB45
(Corte)
Neutral
Zoning notices on web instead of in newspapers    
HB 774
(Corte)
Oppose
Change the 20% rule to exclude owners of property not within the city    
Priortiy Package—Government Liability for Damages Adjacent to Easements
HB 859
(Laubenberg)
Pending
     
Priority Package—Property Owner and Homeowner Associations
HB 25
(Leibowitz)
Oppose
Associations cannot prohibit or restrict solar energy devices Oppose, but support empowering associations to adopt standards
Referred to Business and Industry Committee
HB 147
(T Smith)
Oppose
Associations cannot prohibit or restrict American flags 3' x 5' or smaller Does not apply if there is an existing specific covenant
Referred to State Affairs Committee
HB 371
(Jackson)
Strongly Oppose
Allows dissolution of associations following by 2/3's of the votes cast after a 25% petition Applies to associations created in the future. No provisions for disposition of common property.
Referred to Business and Industry Committee
HB 372
(Jackson)
Strongly Oppose
Makes associations subject to the Open Meetings and Public Information Acts TNT strongly supports open meetings and records for the membership but not applying these Acts to HOAs.
Pending in TWC and HOA Issues Subcommittee after March 16 hearing
HB 798
(Lucio)
Oppose
Associations cannot prohibit or restrict solar energy devices Oppose, but support empowering associations to adopt standards
Filed. Duplicate HB 25 referred to Business and Industry Committee
HB 899
(Dutton)
Strongly Oppose
Prohibits association foreclosure of home Applies to associations created in the future
Filed
HB 1006
(Truitt)
Strongly Support
Exclude assessment revenue from total revenue for purposes of the franchise tax  
Filed
HB 1824 (Paxton)
Oppose
 Foreclosure process and payment plans Potentially support after revision
Withdrawn from March 16 agenda of TWC and HOA Issues Subcommittee
HB 1976 (Solomons)
Strongly Oppose
Numerous provisions, mostly damaging to associations  
Referred to TWC and HOA Issues Subcommittee
HB 1977 (Solomons)
Strongly Oppose
Prohibits association foreclosure of homesteads Applies to all associations
Referred to TWC and HOA Issues Subcommittee
HB 3763 (Gattis)
Oppose
Overhaul of court system includes a provision requiring incorporated associations to be represented by attorneys when in small claims court Neutral if revision made
Companion SB 992 referred to Jurisprudence Committee
HJR 76 (Solomons)
Strongly Oppose
Prohibits association foreclosure of homesteads Constitutional Amendment. Applies to all.
Referred to TWC and HOA Issues Subcommittee
SB 234
(West)
Pending
(1) Allows award of attorneys fees to prevailing party in deed restriction enforcement actions; (2) Enhances information available to purchasers  
Referred to Intergovernmental Relations Committee
SB 235
(West)
Oppose
Prohibits association right of first refusal  
Referred to Intergovernmental Relations Committee
SB 236
(West)
Oppose
Associations cannot prohibit or restrict solar energy devices Oppose, but support empowering associations to adopt standards
Referred to Intergovernmental Relations Committee
SB 237
(West)
Oppose
(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)
Referred to Intergovernmental Relations Committee
SB 238
(West)
Pending
Penalties for associations not making records reasonably available to owners  
Referred to Intergovernmental Relations Committee
SB 239
(West)
Support
Adds requirements for association notices of violation  
Referred to Intergovernmental Relations Committee
SB 240
(West)
Oppose
(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 Strongly oppose (C). Support all else.
Referred to Intergovernmental Relations Committee
SB 241
(West)
Strongly Oppose
Judicial foreclosure required unless waived by the owner  
Referred to Intergovernmental Relations Committee
SB 403
(Jackson)
Oppose
Associations cannot prohibit or restrict solar energy devices Oppose, but support empowering associations to adopt standards; Similar to SB 236
Filed
SB 429
(West)
Oppose
(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)
Referred to Intergovernmental Relations Committee
SB 992 (Duncan)
Oppose
 Overhaul of court system includes a provision requiring incorporated associations to be represented by attorneys when in small claims court Neutral if revision made
Referred to Jurisprudence Committee
Priority Package—Foreclosure (generally applicable)
HB 655 (Solomons)
   Relating to payment to a trustee or substitute trustee after public sale of foreclosed property  
Referred to subcommittee
    Two bills (Sen. Estes)    
Priority Package—Retaliatory Lawsuits
HB 547
(Raymond)
Strongly Support
 Prohibits lawsuits against those complaining to a governmental or quasi-governmental entity before final action on the complaint    
HB 1338
(Leibowitz)
Strongly Support
 Discourages lawsuits against individuals who file complaints with governmental or quasi-governmental entities  
Referred to the Judiciary and Civil Jurisprudence Committee
Support Package—Deed Restriction Amendments
HB 257
(Berman)
Support
 Allows amendment by a vote of 2/3 of the property owners Applicable to one group of HOAs in the Lake Palestine area. See also SB 237 and SB 429.
Pending in TWC and HOA Issues Subcommittee after March 16 hearing
Support Package—Distributed Renewal Energy (currently no POA-specific language)
HB 278
(Anchia)
   Incentives for distributed renewal energy in neighborhoods and elsewhere Support addition of language consistent with TNT Legislative Agenda
Referred to the Energy Resources Committee
HB 1391 (Strama)
Support
 Allow creation of special districts to promote the use of renewable energy systems  
Referred to the Energy Efficiency and Renewables subcommittee
SB 427
(Shapiro)
   Incentives for distributed renewal energy in neighborhoods and elsewhere Support addition of language consistent with TNT Legislative Agenda
Referred to the Energy Resources Committee
Support Package—Alcohol
HB 206
(Jackson)
Support
 Empower the Alcoholic Beverage Commission to suspend or cancel on-premises consumption permits if a breach of the peace occurs    
HB 1161
(Geren)
Support
 Relating to local regulation of distance requirements for businesses selling alcoholic beverages near certain establishments    
Support Package—Homeowners Insurance Reform
HB 194
Alonzo)
Support
 Prohibits use of credit score in determining price for any good or service
Insurance not specifically mentioned
HB 1157
(Walle)
Support
 Prohibits use of credit score in determining price for personal insurance Homeowners not specifically mentioned  
HB 2734
(Harper-Brown)
Support
 Requires disclosure of use of credit score in advertising Support if better bills do not progress  
HB 3565
(Coleman)
Support
 Prohibits use of credit score in determining price for personal insurance Homeowners not specifically mentioned  
HB 3858
(Herrero)
Strongly Support
 Prohibits use of credit score in determining price for residential property insurance    
SB 110
(Ellis)
Support
 Prohibits use of credit score in determining price for personal insurance Homeowners not specifically mentioned  
Support Package—County Authority
HB 736
(Quintanilla)
Support
 Empowers county abatement of nuisances    
HB 1063
(Farias)
   Relating to emergency vehicle access to certain gated communities and multiunit housing projects    
HB 1119
(Bolton)
Support
 Relating to authorizing certain populous counties to adopt county planning regulations; providing criminal and civil penalties    
HB 1507
(Bolton)
Support
 Allows noise regulation Applies to over 800,000 pop. counties  
HB 2167
(Rose)
Support
 Allow county voters to expand county authority to regulate land use Applies to Hill Country counties  
HB 2606
(Hunter)
Support
 Grant county zoning authority Applies to Aransas County  
HB 2833
(Marquez)
Support
 Authorizes land regulation by counties and cities within their extraterritorial jurisdictions Applies to certain Mexican border counties  
HB 2848
(Farabee)
Pending
 Allow county regulation of solid waste collection in city extraterritorial jurisdictions    
HB 2874
(Hunter)
Support
 Allow prohibition of live oak clear cutting Applies to certain small coastal counties  
HB 3265
(Rose)
Support
 Expand county authority to regulate development Applies to Hill Country counties  
HB 4262
(Rodriguez)
Support
 Grants joint county-city zoning authority within city extraterritorial jurisdictions and county zoning authority in other unincorporated areas Appears to apply to Austin-Travis County and San Antonio- Bexar County  
SB 578
(Wentworth)
Support
 Relating to the authority of a county to regulate land development after a local option election    
SB 1365
(Shapleigh)
Support
 Expand county authority to regulate development Applies to El Paso County  
SB 2097
(Wentworth)
Support
 Enhancements to county subdivision plat approval    
SB 2175
(Shapleigh)
Support
 Expand county authority to land use and building codes Applies to counties on or near the Mexican border  
SB 2202
(Wentworth)
Support
 Grants joint county-city zoning authority within city extraterritorial jurisdictions and county zoning authority in other unincorporated areas Appears to apply to Austin-Travis County and San Antonio- Bexar County  
SB 2452
(Wentworth)
Support
 Expands county land use planning authority and allows infrastructure cost recovery fees Applies to Travis County  
Support Package—Public Recording of Real Property Sales Prices
HB 133
(Villareal)
Support
 Requires sales price disclosure with the filing of deeds    
Support
 Requires sales price disclosure with the filing of deeds    
SB 444
(Wentworth)
Support
 Requires sales price disclosure with the filing of deeds  
Referred to the Intergovernmental Relations Committee
Support Package—Recorded Votes
HB 2051 (Bolton)
Support
 Require record votes on committee actions and second reading and subsequent amendments    
HJR 23
(Naishtat)
Support
 Require record votes on committee actions, second reading, and subsequent amendments    
   
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