The time has come. The unofficial start to another legislative session is here. Bill filing for the 88^th Texas Legislative Session begins Monday, November 14. Following the 87^th Texas Legislative Session, uncertainty continues to reign over the POA landscape. Managers, board members and POA attorneys are waiting to see what potential bills could rock the industry this upcoming session. In this preview of the upcoming 88^th Texas Legislative Session, we’ll briefly take a look back at what occurred during the last legislative session and discuss what may occur during this session.

87^th Texas Legislative Session Rewind

It seems like yesterday the legislators in Austin were saying sine dine to the 87^th Texas Legislative Session. What has come since then has been 18 months of questions and upheaval in the POA industry. In many articles since the conclusion of the last legislative session, we have discussed SB 1588, management certificates, religious displays, policies and the other myriad of changes the legislators set upon the industry. These changes set POAs scrambling for answers and looking to update documents and create policies to come into compliance with the law.

With all of these changes has come a mixed bag of results. There are still more questions than answers after the passing of SB 1588. Debate continues to exist around what exactly qualifies as a religious display, what the minimum and/or maximum height of a security perimeter fence should be, and even who can serve on an ACC committee if there are not enough volunteers and more. How and if these issues get resolved is just one facet that the POA industry will be looking towards in this next legislative session.

What’s Ahead in the 88^th Texas Legislative Session

Looking ahead to the 88^th Texas Legislative Session, the lack of clarity in many of the provisions of SB 1588 and other bills from the 87^th Texas Legislative Session is something many within the industry hope the legislators will clear up. By better defining the requirements in the laws, the legislators can answer the lingering questions discussed above as well as others to better improve the regulations in our communities. This would also provide clarity for not just the managers and board members, but the homeowners as well. In the example of the perimeter security fence, by going back and providing actual specifications on fence sizing, the Legislature would allow all parties to have an understanding of the true intent of the law and alleviate future potential disagreements.

Enhanced clarity on existing laws is not the only thing that may come from the 88^th Texas Legislative Session. As the last legislative session proved, there is an appetite amongst lawmakers for further regulation of the POA industry. In the lead up to the 88^th Texas Legislative Session, news stories have popped up of realtors continuing to have an active voice in lawmaker involvement with the industry. The lobbying pressure may result in further regulation. Items realtors have mentioned they would like to see the Legislature take action on include:

• TREC Regulatory Authority Over POAs
• Further Fee Caps
• A State Controlled HOA Dispute Mediator

Until bill filing and the session truly start, we won’t have a clear direction on the path the Legislature will want to take this session. The important dates to watch for throughout the session are as follows:

• November 8, 2022 – General election for federal, state and county officers
• November 14, 2022 – Bill Filing opens for 88th Texas Legislative Session
• January 10, 2023 – 88th Texas Legislative Session convenes at noon
• March 10, 2023 – Final day to file bills for 88th Texas Legislative Session
• May 29, 2023 – Sine Die, 88th Texas Legislative Session concludes
• June 18, 2023 – All passed bills that are not signed by governor or vetoed become law

If the 88^th Texas Legislative Session follows the path of the 87^th, then changes to bills could be made at the 11^th hour. And of course, there is always a threat of the ever-persistent chicken bill making another appearance and finally passing this session.

The 88^th Texas Legislative Session should prove to be an interesting session to watch for all of those involved in the POA industry. Be sure to stay up-to-date with what happens in Austin, by routinely checking our website, LinkedIn and YouTube pages. The attorneys of RMWBH will be posting updates throughout the session to ensure you stay informed of the bills to watch for and the laws that are passed.