New Laws in Texas (from the regular session)

June 30, 2011

Now that the 82nd Texas Legislature has concluded (it appears), it is time to start surveying what happened.  The regular session ended at the end of May and the governor’s time to veto these bills has passed.  [The governor still has over two weeks to veto bills passed in the special session that concluded at the end of June.]  Thus, this is a list of approximately 1,500 bills from the regular session that have or will soon be come law here.  (The list does not include anything from the special session. Bills that are highlighted either have or will soon become law in the next month.) House bills are at the top, and Senate bills are toward the bottom.


Texas Legislature Adopts Key HOA Reforms

June 11, 2011

The regular session of the 82nd Texas Legislature has ended.  The governor has called for a special session but it is highly unlikely any of the issues will involve HOAs.  Many bills were filed, and at least eight were passed that provide significant reforms for homeowners (for a listing of all the bills go here).  The bills that included some significant reforms include:

HB 2779 and SB 101 Passed — flags and military foreclosures

HB 1228 Passed – payments, collections, foreclosures

HB 1821 Passed — resale certificates, information, payment plans

HB 1278 Passed – religious displays

HB 362 Passed – solar energy devices and roofing materials

SB 472 and HB 2761 — voting, meetings, records (a full description is being prepared, but the bills are here and here)

NOTE: these bills are not the law yet, and may not apply to your HOA. Different provisions of the Property Code apply to different types of HOAs.  You should get fully informed before taking any action.

While many members of the legislature and staff were involved, Texas homeowners should thank Senator Royce West from Dallas and Julie Frank of his staff for all their efforts this session to achieve the changes in each of these bills.  When they become law (different effective dates), these bills collectively provide many significant reforms that can continue to be built upon by Texas lawmakers.  Rep. Burt Solomons from Carrollton attempted to give homeowners even more meaningful reforms in the main omnibus bill (SB 142) this session but it did not pass because of reports of money being thrown at the Texas Legislature by builders (story here). Texas homeowners should thank Rep. Solomons for continuing to fight for homeowners.

Texas has made the first step toward reining in the absolute power of mini governments euphemistically called Home Owner Associations (or HOAs) which many have abused. Rather than work separately, concerned homeowners and organizations banded together (THJL was one) to bring a consistent message to the Texas Capitol.  We invite all organizations and homeowners who support HOA reform to join with us.  There is still much work to be done and all Texans concerned about this issue are needed.


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