Bill Text: TX SB749 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the foreclosure of property owners' association assessment liens on certain boarding home facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to State Affairs [SB749 Detail]
Download: Texas-2021-SB749-Introduced.html
| 87R4674 DRS-D | ||
| By: Miles | S.B. No. 749 | |
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| relating to the foreclosure of property owners' association | ||
| assessment liens on certain boarding home facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 209, Property Code, is amended by adding | ||
| Section 209.017 to read as follows: | ||
| Sec. 209.017. FORECLOSURE SALE OF CERTAIN BOARDING HOME | ||
| FACILITIES. (a) In this section: | ||
| (1) "Abuse" and "neglect" have the meanings assigned | ||
| by Section 260A.001, Health and Safety Code. | ||
| (2) "Boarding home facility" has the meaning assigned | ||
| by Section 260.001, Health and Safety Code. | ||
| (b) Notwithstanding Section 209.009 or other law, a | ||
| property owners' association may judicially foreclose a property | ||
| owners' association's assessment lien on property used as a | ||
| boarding home facility if: | ||
| (1) the debt securing the lien consists solely of | ||
| fines assessed by the association for a violation of the | ||
| restrictions or bylaws or rules of the association; and | ||
| (2) the violation constitutes neglect or abuse of a | ||
| resident of the boarding home facility. | ||
| (c) The court must conduct a hearing to determine whether a | ||
| resident of the boarding home facility suffered abuse or neglect at | ||
| the facility. If the court determines that abuse or neglect | ||
| occurred, the court may award proceeds from the foreclosure sale of | ||
| the boarding home facility to the victim of the abuse or neglect as | ||
| damages. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a violation committed on or after the effective date of this Act. | ||
| A violation committed before the effective date of this Act is | ||
| governed by the law in effect on the date the violation was | ||
| committed, and the former law is continued in effect for that | ||
| purpose. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
