This page is dedicated to the new legislation that passed in 2021 or will be in effect on September 1, 2021
This information is provided as a courtesy, and discussion. This legislation is new and is subject to judicial review and interpretation. Attached are PDF’s of each bill.
These Bills just recently passed and are in effect.
SB 6 – This Omnibus Bill concerns liability for certain claims arising during a pandemic or disaster related to a pandemic. HOAs should be aware of the addition of Chapter 148 to the Civil Practice and Remedies Code. In Sec. 148.003 LIABILITY FOR CAUSING EXPOSURE TO PANDEMIC –Subsections (1)(A) and 1(B) addressing the liability for individuals and business when exposing a person to a pandemic disease. This Bill is already in effect.
SB 581 – This Bill concerns the regulation by a HOA of certain religious displays. The bill amends Sec. 202.018 of the Texas Property Code, and prohibits HOAs from enforcing or adopting a restriction that prohibits owners from displaying “on the owner’s or resident’s property or dwelling” one or more religious items (Note: this Bill expands the prior statute beyond the entry of the residence, and removes the previous size limitations). However, a HOA may enforce a restriction if the religious display threatens public safety, violates a law (except a law prohibiting the display of religious speech), is patently offensive, is installed on property owned by the HOA or in common with other members of the HOA, or violates any applicable building line, right-of-way, set back or easement. The HOA may also prohibit the display or affixing of a religious item attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole, or fixture. This Bill is already in effect.
HB 1281 – This Bill concerns the operation of a golf cart without a license plate in a master planned community, and amends Section 551.403 of the Texas Transportation Code to allow for golf carts, without a license plate, to be operated in a master planned community that is a residential subdivision under Section 209.022(9) of the Texas Property Code or has uniform deed restrictions. This Bill is already in effect.
HB 1659 – This Bill concerns the amendment of a Residential Subdivision’s Declaration to affect certain types of property located in the Subdivision, and amends Section 209.0041 of the Texas Property Code (which requires 67% vote for a Declaration Amendment) by adding subsection (d-1) so that the 67% vote requirement would not apply to an amendment that affects a portion of a Subdivision zoned for or containing a commercial structure, industrial structure, apartment complex, or a condominium. This Bill is already in effect.
HB 3571 – This Bill concerns the regulation of security measures by a HOA. The Bill adds Sec. 202.023 to the Texas Property Code which prohibits a HOA from adopting or enforcing a restrictive covenant that prevents a property owner from building or installing a security measure, including a security camera, motion detector, or perimeter fence. The HOA may regulate the type of fencing that an owner may install and prohibit the installation of security cameras on property other than the owner’s private property. This Bill is already in effect.
These Bills go into effect on September 1, 2021
HB 1927 – This Bill concerns provisions governing the carrying of a firearm by a person who is 21 years of age or older and not otherwise prohibited by state or federal law from possessing the firearm and to other provisions related to the carrying, possessing, transporting, or storing of a firearm or other weapon; creating criminal offenses. This Bill allows anyone over the age of 21 (unless otherwise prohibited by state or federal law) to legally carry a firearm without a handgun license; provided, however, that there remain certain benefits to having a license to carry. Private businesses may still post sign restrictions pursuant to Sec. 30.06 and Sec. 30.07 of the Texas Penal Code concerning the possession of firearms on premises. This Bill takes effect September 1, 2021.
SB 30 – This Bill concerns the removal of certain discriminatory restrictions and provisions from certain real property records. This Bill allows an owner of real property to request the removal of a discriminatory provision by completing and filing, with the District Court Clerk, a Motion, verified by Affidavit, that contains, at a minimum, the information provided in the suggested form contained in the Bill. This Bill takes effect September 1, 2021.
SB 318 – This Bill concerns the books and records of certain condominium unit owners’ associations, and requires a condominium association to make the books and records of the association, including financial records, open to and reasonably available for examination by a unit owner, and requires a condominium association to adopt a records production and copying policy, and to adopt a records retention policy. This Bill takes effect September 1, 2021.
SB398 – This Bill provides that a municipality may not prohibit or restrict the installation of a solar energy device by a residential or small commercial customer except to the extent: (1) a property owner’s association may prohibit the installation under Sections 202.010(d)(1) through (7), Property Code….This Bill takes effect September 1, 2021.
SB 1588 – This Bill concerns powers and duties of a property owners’ association (“HOA”), and various provisions of this Bill will take effect over the next multiple months, much of which becomes effective 09/01/2021. 1) change Architectural Control Committee (“ACC”) Members, which may no longer include any Director, any Director’s spouse or any Director’s co-habitant; 2) ensure that any ACC denial specifies the rationale for the denial; 3) document, learn and comply with new notice and due process procedures and time frames for a homeowner’s appeal of an ACC denial to the HOA’s Board of Directors; 4) modify various Policies and Guidelines, record same and post file-stamped copies on website; 5) provide for swimming pool enclosures, religious displays and security measures; 6) limit charge for resale certificate to not more than $375.00, and not more than $75.00 for updated resale certificate; 7) learn new time frame(s) and penalties for failure to comply with resale certificate requirements; 8) update Management Certificate (e.g., to include all possible HOA charges to be applied at a closing for sale or refinance of a property, including, but not limited to, resale certificate fee, updated resale certificate fee, transfer fee, refinance fee and pay-off memo fee) and record; 9) post file-stamped copy of new Management Certificate on new TREC website; 10) post all Association dedicatory instruments on a publicly accessible website; 11) provide at least 144 hours notice before the start of a regular board meeting and at least 72 hours before the start of a special board meeting by: (A) posting the notice in a conspicuous manner reasonably designed to provide notice to property owners’ association members: (i) in a place located on the association’s common property or, with the property owner’s consent, on other conspicuously located privately owned property within the subdivision; or (ii) on any Internet website available to association members that is maintained by the association or by a management company on behalf of the association [other Internet media]; and (B) sending the notice by e-mail to each owner who has registered an e-mail address with the association; 12) an association that proposes to contract for services that will cost more than $50,000 shall solicit bids or proposals using a bid process established by the association; 13) change manager’s Chapter 209 collection demand letter to require 45 days advance written notice to delinquent owner (instead of 30 days) before a collection matter is referred to legal counsel or a collection agency; 14) notice to owner required before reporting owner to a credit reporting service; 15) learn and adhere to new credit reporting requirements, including 30 business days’ notice and no fee to be charged for reporting; 16) document, learn and comply with new notice and due process procedures and time frames for a homeowner’s request for a Chapter 209 hearing (e.g., concerning an alleged deed restriction violation) before the HOA’s Board of Directors [Note: the HOA must provide an evidence packet to the owner at least ten days before the hearing]; 17) any amendment of an annual budget must now be voted on at an open Board meeting (deletes at least 10% increase requirement); 18) a new or updated Collection Policy should be prepared, recorded and posted on website; 19) regarding rental property, the HOA may only request the following information to be submitted to the association regarding a lease or rental applicant: contact information, including the name, mailing address, phone number, and e-mail address of each person who will reside at a property in the subdivision under a lease; and the commencement date and term of the lease; and 20) Directors should be aware that an owner may file suit in JP Court against the HOA alleging a statutory violation(s).
List of Bills in PDF
HB1281 – SIGNED BY GOVERNOR 06-15-21. EFFECTIVE IMMEDIATELY.pdf
HB1659 – SIGNED BY GOVERNOR 06-15-21 EFFECTIVE IMMEDIATELY.pdf
HB3571 – SIGNED BY GOVERNOR 06-15-21 EFFECTIVE IMMEDIATELY.pdf
SB6 – SIGNED BY GOVERNOR 06-14-21 EFFECTIVE IMMEDIATELY.pdf
SB581 – SIGNED BY GOVERNOR 05-31-21 EFFECTIVE IMMEDIATELY.pdf
SB30 – SIGNED BY GOVERNOR 06-14-21 WITH 09-01-21 EFFECTIVE DATE.pdf
SB318 – SIGNED BY GOVERNOR 06-14-21 WITH 09-01-21 EFFECTIVE DATE.pdf
SB398 – SIGNED BY GOVERNOR 06-14-21 WITH 09-01-21 EFFECTIVE DATE.pdf
HB1927 – SIGNED BY GOVERNOR 06-16-21 WITH 09-01-21 EFFECTIVE DATE.pdf
SB 1588 – OMNIBUS. 06-18-2021 SIGNED BY GOVERNOR. PHASED IN.pdf