Texas Legislative Update May 13, 2013

The information in this document is current as of May 13, 2013, noon, and may change for various reasons at any time. The following bills are STILL MOVING:

CSHB 3803 (McClendon) As presented, this bill relating to the municipal and county regulation of property owners’ associations currently contains language requiring a fidelity bond. House Committee Report sent to Calendars on 4/30. 

Foreclosure

HB 2749, (Parker), calls for the use of standard forms for expedited judicial foreclosure. Passed by the House and referred to Senate Jurisprudence Committee on 5/7.

HB 2978, (Parker), relates to the notice of sale in connection with an expedited judicial foreclosure process. Passed the House and referred Senate Jurisprudence Committee on 5/7.

SB 1202 (West) Relating to an order to conduct mediation following an application for expedited judicial foreclosure proceeding. The Companion bill in the House, HB 3691 (Anchia). The Senate passed this bill and action is pending in the House Business and Industry Committee.

Flag Display

HB 680 (Burkett), Relating to provisions in the dedicatory instruments of POAs regarding display of flags. Passed by the House and committee action is pending by the Senate Intergovernmental Relations Committee. 5/8.

Xeriscaping/Landscape/Water Conservation

HB 449 (Dukes) /CSSB 198 (Watson) allows the use of drought-tolerant landscape materials in POAs with approval of local ACCs. Considered by House Natural Resources Committee and committee report sent to Calendars. 4/23 (HB 449 is its companion bill).

Condominium Bill

HB TCAA  2075, (Anchia)sponsored this bill to address issues of condominium associations, including among other items, the ability to borrow money, and greater flexibility regarding insurance deductibles.

The TCAA Condo bill, HB 2075, was heard in Committee on April 9.Passed the House and referred to the Senate Intergovernmental Relations Committee on 5/10.

Miscellaneous

HB 3800, (Coleman) this bill related to filing of POA management certificates with County Clerks in a way they can be found. The bill was heard in Committee on April 11. Passed the House and referred to the Senate Intergovernmental Relations Committee on 5/7. Committee meeting set for 5/13.

HB 503, (Hernandez) Related to the ability of a board member to contract with the association. Passed the House and referred to the Senate Intergovernmental Relations Committee.

HB 3176 (Bohac) Relating to the appointment of a board member of a property owners’ association to fill a vacancy. Passed the House and referred to the Senate Intergovernmental Relations Committee on 5/3.

HB 35 (Menendez) /SB 593 (Duell), these bills relating to the authority of a property owners’ association to regulate the use of adjacent lots for building purposes. SB 593 Passed the Senate and was referred to the House Committee on Business and Industry on 4/30. HB 35 passed the House and passed out of Senate IGR Friday, recommended to the Senate Local and Consent Calendar. Either of these bills may pass.

The following seven bills did not beat the clock through the House process. NO FURTHER ACTION IS EXPECTED ON THEM.

Voting Provisions

HB 818, (White), This bill raises concerns regarding POA secret ballots and ability for POAs to confirm which ballots are from eligible voters.

Landscaping

HB 1858, (Workman), pertains to the ability of an owner to remove a tree that an owner believes poses a fire risk.

HB 727 (Burkett) Relating to restrictive covenants regulating drought-resistant landscaping. Left pending in committee as of 3/19.

Energy and Solar

HB 2524, (Oliveira), also relates to the ability of POAs to install standby electric generators. This bill was reported from committee as substituted and set on the state calendar on 5/9, but the bill was not reached for consideration by the midnight deadline that evening.

HB 2338 (Parker), This is an amendment to the solar panels bill passed in the last session. Left pending in Committee as of 4/30.

Miscellaneous

HB 107 (Harless) Relating to the regulation of certain counties of the sale and use of fireworks. Left pending in committee on 5/2.

HB 1933, (Allen) Relates to applying the requirements regarding open meetings and records passed for POAs (single family dwellings) in the last session to condo associations. 4/23 Left pending in Committee.

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