The third special session for the 88th Texas Legislature called by Governor Greg Abbott began on October 9th. The Governor set out the issues that can be brought forth for this session in a proclamation. Those issues include: education freedom, border security, public safety and property ownership. The bill property owners associations are watching is SB 48.
SB 48 is the return of SB 1668 from the regular session of the 88th Texas Legislature. SB 1668 overwhelmingly passed the legislature in May, but SB 1668 was vetoed, with a wave of other bills, in June, by Governor Abbott. Now, back on the legislative docket, SB 48 contains the same language as SB 1668.
If passed, SB 48 would amend Chapter 82 of the Texas Property Code to add language for condominiums mirroring the requirements for a website and management certificates filed with Texas Real Estate Commission that are found in Chapter 209 of the Texas Property Code. Condominium associations would also be required to make the association’s dedicatory instruments available to its members on an Internet website.
SB 1668 would also amend Sec. 202.023 of the Texas Property Code to clarify requirements on perimeter fencing. It lastly would amend Chapter 209 of the Texas Property Code by adding a notice requirement to solicit candidates for the POA’s ACC committee and provides POA boards the ability to fill an ACC committee if there are not enough qualified candidates who have given the board a notice of intent to serve on the ACC.
As of publication, SB 48 remains in the initial phases of the legislative process in the Senate. The third special session of the 88th Texas Legislature closes on November 7th, but Governor Abbott has promised to call a fourth special session, projected to begin in the middle of November to further push for education reform and other issues. So it is possible, if SB 48 does not pass during this special session, it could be refiled during the next special session if the Governor proclaims legislation concerning property ownership will be discussed. The POA attorneys of RMWBH will provide further updates on SB 48 via email, LinkedIn and on our website as more information becomes available.
