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A BILL TO BE ENTITLED
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AN ACT
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relating to the ability of a property owners' association to |
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enforce certain provisions on the lease or rental of real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 202, Property Code, is amended by adding |
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Section 202.019 to read as follows: |
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Sec. 202.019. REGULATION OF RESIDENTIAL LEASES. (a) A |
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property owners' association may not include or enforce a provision |
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in a dedicatory instrument that: |
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(1) imposes dues, a fee, a charge, an assessment, a |
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fine, a contribution, or another type of payment in connection with |
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the rental or leasing of a property owner's property; |
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(2) requires a tenant or rental applicant to be |
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reviewed or approved by the property owners' association; or |
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(3) requires a property owner, tenant, or rental |
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applicant, or that person's agent, to provide copies of documents |
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related to the rental or leasing of a property owner's property, in |
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violation of any applicable state or federal laws. In this |
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subsection, such documents include: |
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(A) a lease; |
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(B) a lease or rental application; or |
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(C) a consumer or credit report. |
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(b) A provision that violates Subsection (a) is void. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |