TCAA Minute – April 19, 2019

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April 8, 2019
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TCAA Minute – April 19, 2019

Call to Action

An urgent bill of concern to TCAA is SB 86 by Sen. Bob Hall (and its companion bill HB 2596 by Rep. James White) providing that a local government may not prohibit an individual from raising or keeping six or fewer chickens at their single-family residential lot, and also overrides any similar property owners’ association restrictive covenant created on or after September 1, 2019. To ensure that property owners’ associations retain the right to effectively regulate our neighborhoods and quality of life, please contact your local legislators and members of the House Agriculture Committee and the House Calendars Committee to let them know that you prefer the original filed versions of these bills that apply only to local government regulations.

Other Bills of Note

The TCAA team continues to monitor lots of other legislation in these critical last few weeks of the legislative session. There are several bills that directly impact community associations in Texas, and TCAA is working closely with the bill authors to make them aware of the concerns of homeowners and community associations. Some important bills that will be heard in committee this Tuesday, April 23rd, include:

  • HB 589 by Rep. Joe Deshotel addresses mechanic’s, contractor’s, and materialman’s liens, and extends to condominium unit owners the liability of a condominium association’s failure to pay a contractor.
  • HB 1025 by Rep. Dwayne Bohac deals with candidacy for and membership on the board of certain property owners’ associations.
  • HB 2302 by Rep. Greg Bonnen tackles the issue of when a property owners’ association may regulate religious displays at a residence.
  • HB 3445 by Rep. Tracy King shortens the timeframe for an association board to transition from developer-controlled to resident-controlled, and also require board meetings of certain associations to be held within 10 miles of the subdivision.
  • HB 3498 by Rep. Dustin Burrows makes multiple changes to the laws governing mechanic’s, contractor’s, or materialman’s liens.

You can weigh in on this proposed legislation by appearing at the Business & Industry Committee hearing on Tuesday, April 23, 2019, in Room E2.016 of the Texas Capitol.  The hearing is scheduled to begin once the House adjourns for the day, which will likely be late that afternoon, but be aware that the committee may not begin consideration of some of these bills until that evening. You can also view the hearing online – live or archived – at https://house.texas.gov/video-audio/ .

Other bills of note that are still being considered by the Legislature include:

  • HB 1396 by Rep. Sam Harless proposes to limit board eligibility in relation to cohabitation at the same primary residence, so that only one director is permitted per primary residence.
  • HB 1787 by Rep. Justin Holland relates to the statutes of limitation and repose for certain claims involving the construction or repair of an improvement to real property or equipment attached to real property, compressing the timeframe available for such claims from 10 years to 8 years.
  • HB 4176 by Rep. Angie Chen Button allows property owners’ associations to regulate short-term rentals.
  • SB 639 by Sen. Joan Huffman is a wide-ranging bill addressing the operation and management of condominium unit owners’ associations, including issues related to the meetings, records, and elections of those groups.
  • HB 660 by Rep. Matt Shaheen addresses the assessment of fines by property owners’ associations.

Final Budget Negotiations Begins

The state budget is in the final stages of negotiation, and conferees for HB 1 have been appointed by both the House and Senate. The House has appointed: Representative John Zerwas, (R-Richmond) – Chair, Representative Greg Bonnen (R-Galveston), Representative Sarah Davis (R-West University Place), Representative Oscar Longoria (D-Mission), and Representative Armando Walle (D-Houston). The conferees appointed by the Senate are: Senator Jane Nelson, (R-Flower Mound) -Chair, Senator Joan Huffman (R-Houston), Senator Lois Kolkhorst (R- Brenham), and Senator Robert Nichols (R-Jacksonville), and Senator Larry Taylor (R-Friendswood). The first public meeting of the conference committee is scheduled for 10 a.m. Tuesday, April 23rd.

On Wednesday, the Senate appointed conferees for SB 500, the supplemental appropriations bill that funds unpaid expenses from the preceding two-year budget. Most of those expenses are related to recovery from Hurricane Harvey. The Senate conferees are: Senator Jane Nelson, (R-Flower Mound) – Chair, Senator Juan “Chuy” Hinojosa (D-McAllen), Senator Joan Huffman (R-Houston), Senator Lois Kolkhorst (R- Brenham), and Senator Larry Taylor (R-Friendswood). The House conferees for SB 500 are: Representative John Zerwas, (R-Richmond) – Chair, Representative Giovanni Capriglione (R-Southlake), Representative Mary Gonzalez (D-El Paso), Representative Rick Miller (R-Sugarland), and Representative Toni Rose (D-Dallas). Additional information about the budget is available on the Legislative Budget Board’s website.

Get Involved

If you would like to get involved with TCAA and help protect community associations across Texas, please visit the TCAA website for more information on activities, events, and legislative updates:

www.txcommunityassociationadvocates.org

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CMA Management
35 Years of Community. Well Served. (www.cmamanagement.com) Headquartered in Plano, Texas, CMA has three regional offices and numerous onsite locations providing contract management services for more than 250 residential and commercial communities ranging from 100 to more than 9,000 homes. Residential Communities •Town Home Communities •Master Planned Communities •Active Adult Communities •Commercial Associations