H.B. No. 614

	AN ACT
	relating to property owners' association fines.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 209, Property Code, is amended by adding
	Section 209.0061 to read as follows:
	Sec. 209.0061.  ASSOCIATION POLICY; FINES. (a) This
	section does not apply to a property owners' association that is not
	authorized by the association's dedicatory instrument to levy a
	fine.
	(b)  A property owners' association board shall adopt an
	enforcement policy regarding the levying of fines by the property
	owners' association. The policy must include:
	(1)  general categories of restrictive covenants for
	which the association may assess fines;
	(2)  a schedule of fines for each category of
	violation; and
	(3)  information regarding hearings described by
	Section 209.007.
	(c)  The enforcement policy adopted pursuant to Subsection
	(b) may reserve the board's authority to levy a fine from the
	schedule of fines that varies on a case-by-case basis.
	(d)  Each property owners' association shall:
	(1)  provide a copy of the policy to an owner of each
	property in the subdivision by:
	(A)  posting the policy on an Internet website
	maintained by the property owners' association or an agent acting
	on behalf of the association and accessible to members of the
	association; or
	(B)  annually sending a copy of the policy,
	separately or included in routine communication from the property
	owners' association to property owners, by:
	(i)  hand delivery to the owner;
	(ii)  first class mail to the owner's last
	known mailing address; or
	(iii)  e-mail to an e-mail address provided
	to the property owners' association by the owner; and
	(2)  make the policy available on any publicly
	accessible Internet website maintained by the property owners'
	association or an agent acting on behalf of the association.
	SECTION 2.  Section 209.0061, Property Code, as added by
	this Act, applies only to a fine that becomes due on or after the
	effective date of this Act. A fine that becomes due before the
	effective date of this Act is governed by the law in effect
	immediately before the effective date of this Act, and that law is
	continued in effect for that purpose.
	SECTION 3.  This Act takes effect January 1, 2024.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 614 was passed by the House on May 9,
	2023, by the following vote:  Yeas 138, Nays 1, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 614 was passed by the Senate on May
	23, 2023, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor

Statutes affected:
Introduced: ()
House Committee Report: ()
Engrossed: ()
Senate Committee Report: ()
Enrolled: ()