Texas HOA Reform Legislation List Narrows to Five
Last night the Texas House hit the deadline for House Bills to pass preliminary approval (that are not local or consent bills). Thus, many HBs are dead. There are about ten bills that are still alive and have decent chances of passage, and of course members often attempt to add their legislation as amendments to other bills, but there are five main bills to watch for that have the highest chance of passage in our view:
SB 142 – this is the main vehicle for HOA reform this session (there are two different versions of this bill, the Senate version and now there is a House version that passed out of committee, an explanation and more on its progress here).
SB 238 – regulation of solar energy devices by a property owners’ association.
HB 2869 -powers and duties of certain master mixed-use property owners’ associations.
SB 472 – voting practices and elections of property owners’ associations.
SB 101 – Relating to prohibiting nonjudicial foreclosure by a property owners’ association on residences owned by certain members of the military. (Likely to be the first HOA reform bill that will pass this session.)
A complete listing of all the bills that appear to directly impact HOA reform issues is here. (No guarantees that this list is complete; we could have missed some. Members also hide legislation in amendments, especially at the end of session.)
Note that SB 142 is Sen. West’s bill that addresses a host of issues (sometimes referred to as an omnibus bill). He also is the author of SB 238 and SB 472 in the list of five above. He is the Chairman of the Senate committee that hears HOA bills (Intergovernmental Relations or IGR). Chairman West may feel comfortable with his version of HOA reform contained within his three bills and not be as persuaded by other bills making their way to his committee that conflict, are redundant, or are less important.
For example, HB 44, HB 232, HB 362, HB 663, HB 1071, HB 1278, HB 1821, HB 2761, HB 2779, SB 302, SB 446, SB 447, SB 1547, SB 1792, SJR 19 are all alive because they are out of the House (or are Senate Bills), but Sen. West has not yet decided to move them out of his committee. (Sen. West has some bills himself that he has not moved, e.g. SB 1370, SB 1502, SB 1235, SB 1204.) At some point IGR may move the bills, but so far none of these are set for hearing. But keep an eye at for them nonetheless as things move fast at the end of session.