Bill Text: TX HB2489 | 2015-2016 | 84th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to regulation by a property owners' association of residential leases or rental agreements.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2015-06-19 - Effective immediately [HB2489 Detail]

Download: Texas-2015-HB2489-Introduced.html
  84R13936 T
 
  By: Leach H.B. No. 2489
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the ability of a property owners' association to
  enforce certain provisions on the lease or rental of real property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 202, Property Code, is amended by adding
  Section 202.019 to read as follows:
         Sec. 202.019.  REGULATION OF RESIDENTIAL LEASES. (a) A
  property owners' association may not include or enforce a provision
  in a dedicatory instrument that:
               (1)  imposes dues, a fee, a charge, an assessment, a
  fine, a contribution, or another type of payment in connection with
  the rental or leasing of a property owner's property;
               (2)  requires a tenant or rental applicant to be
  reviewed or approved by the property owners' association; or
               (3)  requires a property owner, tenant, or rental
  applicant, or that person's agent, to provide copies of documents
  related to the rental or leasing of a property owner's property, in
  violation of any applicable state or federal laws. In this
  subsection, such documents include:
                     (A)  a lease;
                     (B)  a lease or rental application; or
                     (C)  a consumer or credit report.
         (b)  A provision that violates Subsection (a) is void.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
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