The Texas Legislative Session ends Monday, May 30, 2005 - Please Contact Your Legislators Today

April 07, 2005

By Barbara Sowell (View author info)
Copyright Texas Homeowner Association News

Fifteen Homeowner Association- Property Owner Association related bills were submitted to the House during this legislative session. So far, nine bills, or 60%, were left pending in committee and will most likely die there. Three bills are still in committee awaiting further action. Three bills now have Senate companion bills and will most likely pass into law.

Seven HOA/POA related bills were submitted to the Senate during this legislative session. So far, one bill has been left pending in committee and will most likely die there. Three bills are still in committee awaiting further action. Three bills now have House companion bills and will most likely pass into law.

The following six bills are still in committee awaiting further action:

HB 873 - Relating to regulation by a property owners' association of certain displays on property in a residential subdivision

HB 1632 - Relating to the powers of a property owners' association relating to restrictive covenants in certain subdivisions.

HB 2535 - Relating to the right of redemption after foreclosure.

SB 892 - Relating to the operation of property owners' associations; providing an administrative penalty.

SB 1018 - Relating to the extension, reinstatement, or modification of or addition to residential restrictive covenants.

SB 1631 - Relating to the right of redemption after foreclosure.

Take action and contact your legislators!

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HOA/POA Bills Summary

Bills still in these Legislative Committees
(Note: Left pending = left to die in committee)

House (15 Bills)

Business & Industry ( 8 Bills)
HB 873
HB 927 – Left Pending
HB 1344 – Left Pending
HB 1446 – Companion SB 244
HB 1770 – Left Pending
HB 2215 – Left Pending
HB 2535
HB 2802 – Companion SB 54

Land & Resource Management (4Bills)
HB 1072 – Left Pending
HB 1631 – Companion SB 1231
HB 1632
HB 2426 – Left Pending

Local Government Ways and Means (1 Bill)
HB 3071 – Left Pending

Urban Affairs (2 Bills)
HB 525 – Left Pending
HB 1167 – Left Pending

Senate (6 Bills)

Intergovernmental Relations (5 Bills)
SB 54 – Companion HB 2802
SB 892
SB 1018
SB 1234
SB 1631

Jurisprudence (1 Bill)
SB 534 – Left Pending

Out of Committee (1 Bill)

SB 244 – Companion 1446

The following three bills have companion bills in House/Senate:

HB 1446/ SB 244 - Would require that, unless otherwise provided in writing by the property owner, a payment from an owner to an association be applied to the owner's debt in the specified order of priority.

HB 1631/ SB 1234 - Relating to amendment of restrictions governing certain residential subdivisions.

HB 2802/ SB 54 - Relating to a restrictive covenant, rule, or other prohibition regulating a homeowner's display of the United States flag.

HOUSE BILLS (Latest Actions Taken)

HB 525 – Left pending in Urban Affairs committee 4/5/06
Relating to allowing the creation of homestead preservation districts to increase homeownership and provide affordable housing.

HB 873 – Referred to Business & Industry 2/10/05
Relating to regulation by a property owners' association of certain displays on property in a residential subdivision

HB 927 – Left pending in Business & Industry committee 3/1/05
Relating to the foreclosure of certain liens on real property.

HB 1072 – Left pending in Land & Resource Management committee 2/24/05
Relating to the requirements for recording property owners' association management certificates in the county records.

HB 1167 – Left pending in Urban Affairs committee 3/15/05
Relating to the provision of housing in Texas and the continuation and functions of the Texas Department of Housing and Community Affairs and to other matters relating to housing or community development.
HB 1344 – Left pending in Business & Industry committee 3/29/05
Relating to regulation by a property owners' association of certain political signs.

HB 1446 – Referred to Business and Industry committee 2/24/05
Companion: SB 244
Relating to priority of payment relating to property owners' association assessments.

HB 1631 – Referred to Land & Resource Management committee 3/1/05
Companion: SB 1234
Relating to amendment of restrictions governing certain residential subdivisions.

HB 1632 – Referred to Land & Resource Management committee 3/1/05
Relating to the powers of a property owners' association relating to restrictive covenants in certain subdivisions.

HB 1770 - Left pending in Business & Industry committee 3/29/05
Relating to the power of a property owners' association to levy certain fines.

HB 2215 – Left pending in Business & Industry committee 3/29/05
Relating to the operation of property owners' associations.

HB 2426 – Left pending in Land & Resource committee 3/31/05
Relating to prohibiting the creation or enforcement of certain restrictive covenants that undermine water conservation.

HB 2535 – Referred to Business and Industry committee 3/15/05
Relating to the right of redemption after foreclosure.

HB 2802 – Referred to Business and Industry committee 3/16/05
Companion: SB 54
Relating to a restrictive covenant, rule, or other prohibition regulating a homeowner's display of the United States flag.

HB 3071 – Left pending in Local Government Ways and Means committee 4/6/05

Relating to the administration and collection of ad valorem taxes; making procedural and technical corrections and clarifications to the Tax Code, Property Code, Business & Commerce Code, and Civil Practice and Remedies Code, and to the repeal of a Transportation Code provision.

Note: A tax lien provided by this chapter takes priority over the claim of any creditor of a person whose property is encumbered by the lien including any lien held by a property owners' association, homeowners' association.

SENATE BILLS (Last Actions Taken)

SB 54– Referred to Intergovernmental Relations committee 1/31/05
Companion: HB 2802
Relating to a restrictive covenant, rule, or other prohibition regulating a homeowner's display of the United States flag.

SB 244 – Co-author authorized 3/2/05, and 3/30/05
Authors: Wentworth & Hinojosa
Co-authors are: Hinojosa, Lindsay, Shapleigh
Companion: HB 1446
Relating to priority of payment relating to property owners' association assessments. Referred to Intergovernmental Relations Committee.
Analysis: As proposed, S.B. 244 would require that, unless otherwise provided in writing by the property owner, a payment from an owner to an association be applied to the owner's debt in the specified order of priority.

SB 534 – Left pending in Jurisprudence committee 3/23/05
Relating to the authority of county attorneys in certain counties to enforce certain provisions relating to real property.

SB 892 – Referred to Intergovernmental Relations committee 3/10/05
Relating to the operation of property owners' associations; providing an administrative penalty.

SB 1018 – Referred to Intergovernmental Relations committee 3/14/05
Relating to the extension, reinstatement, or modification of or addition to residential restrictive covenants.

SB 1234 – Referred to Intergovernmental Relations committee 3/21/05
Companion: HB 1631
Relating to amendment of restrictions governing certain residential subdivisions.

SB 1631 – Referred to Intergovernmental Relations committee 3/23/05
Relating to the right of redemption after foreclosure.

Related link: Texas Homeowners Association News