TNT Legislative Update
May 30, 2011

All seventeen (17) live bills directly affecting associations reported on two days ago are still alive on this last day of the regular legislative session. Twelve (12) are now on the Governor?Äôs desk, including four sent there today. The remaining five were signed on the House and Senate floors today and should be transmitted to the Governor shortly. The bill list below includes this current status.

Two bills made it through conference committees, and the House and Senate subsequently approved both conference committee reports.

Included in SB 472 going to the Governor is the House amendment by Rep. Giddings restoring the ability to amend covenants by a 67% vote (lost temporarily when SB 142 (the omnibus bill by Sen. West) was derailed on the House floor). Also included is the Rep. Otto amendment prohibiting people who are on a ballot examining signed ballots. Not included is the Rep. Bohac amendment regarding accommodation of persons with disabilities.

Included in HB 362 is the Texas Association of Builders language bill added by the Senate that allows an association to prohibit a solar device that ?Äúsubstantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.?Äù An apparent compromise by the conference committee was the addition of a sentence that overrides this if all adjoining property owners approve the device in writing.

A future report will cover bills of interest to us other than homeowner association legislation.

Homeowner Association Live Bills of Interest to the TNT Legislative Agenda

This is a list of bills that are still alive in this legislative session, grouped by three major categories:

Bad Bills - Bills that would intentionally or unintentionally harm neighborhoods

Bills We Do Not Oppose - These are mostly bills regulating mandatory homeowner associations. While each brings state regulation that we did not seek, they are bills we can live with. Most include language that we helped negotiate. Also in this category are bills that are fine in their current form but can be easily amended to become harmful to neighborhoods.

Good Bills - Bills that support elements of the TNT Legislative Agenda

Bad Bills

None remain alive in this legislative session, and it is no longer possible for any of the live bills to be further substituted or amended.

Bills We Do Not Oppose

HB 8 (Darby) - transfer fees
Status: Sent to the Governor this past Wednesday

HB 364 (Turner) - city imminent domain for blighted Houston condos
Status: Sent to the Governor this past Friday

HB 1127 (Gutierrez) - foreclosure notice for military (*)
Status: Sent to the Governor this past Wednesday

HB 1228 (Dutton) - foreclosure notice and assessments (*)
Status: Signed in the House and Senate today

HB 1278 (Coleman) - religious symbols
Status: Sent to the Governor this past Thursday

HB 1737 (Bohac) - speed feedback signs
Status: Sent to the Governor this past Friday

HB 1821 (R. Anderson) - documents (*)
Status: Sent to the Governor today

HB 2761 (Garza) - open meetings and records
Status: Signed in the House and Senate today

HB 2779 (Bohac) - flags
Status: Signed in the House and Senate today

HB 2869 (Harper-Brown) - omnibus bill for Las Colinas
Status: Sent to the Governor this past Friday

SB 101 (Van de Putte) - foreclosure notice for military (*)
Status: Sent to the Governor nine days ago

SB 498 (Jackson) - trapping of surplus white tail deer
Status: Sent to the Governor today

(*) - bills with Senate SB 142 language

Good Bills (each including support for an element of the TNT Legislative Agenda)

HB 362 (Solomons) - solar devices (*) and cool roofs
Status: Signed in the House and Senate today

HB 1071 (S. Davis) - Houston CCR amendments
Status: Sent to the Governor today

HB 2702 (Solomons) - population bracket adjustments
Status: Sent to the Governor today

HB 3391 (D. Miller) - rain barrels
Status: Sent to the Governor this past Thursday

SB 472 (West) - voting (*)
Status: Signed in the House and Senate today

(*) - bills with Senate SB 142 language