SB2586 - Relating to information that a property owners' association must file with the Texas Real Estate Commission.

      By: Flores, King S.B. No. 2586     A BILL TO BE ENTITLED   AN ACT   relating to information that a property owners' association must   file with the Texas Real Estate Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 209, Property Code, is amended by adding   Section 209.00405 to read as follows:           Sec.   209.00405.     INFORMATION TO BE FILED WITH TEXAS REAL   ESTATE COMMISSION. (a) In this section, "commission" means the   Texas Real Estate Commission.           (b)     Not later than the seventh day after the date a property   owners' association files a management certificate for recording   under Section 209.004(a) or files an amended management certificate   for recording under Section 209.004(b), the property owners'   association shall electronically file the following information   with the commission:                 (1)     the property owners' association's dedicatory   instruments; and                 (2)     the enforcement policy required under Section   209.0061, as applicable.           (c)     The commission shall only collect the information   required under Subsection (b) for the purpose of making the data   accessible to the general public through an Internet website.           (d)     Except as provided under Subsection (e), a property   owners' association and its officers, directors, employees, and   agents are not subject to liability to any person for a delay in   electronically filing or failure to electronically file the   information required under Subsection (b) with the commission,   unless the delay or failure is wilful or caused by gross negligence.           (e)     If a property owners' association fails to file the   information required under Subsection (b), an owner is not liable   to the property owners'   association for any assessments, fines, or   fees levied against the owner by the association during the period   the information is not electronically filed with the commission as   required under Subsection (b).          SECTION 2.  (a) Not later than December 1, 2025, the Texas   Real Estate Commission shall establish and make available the   system necessary for the electronic filing of the information   required under Section 209.00405(b), Property Code, as added by   this Act.          (b)  Notwithstanding Section 209.00405(b), Property Code, as   added by this Act, a property owners' association that has on or   before December 1, 2025, recorded a management certificate or   amended management certificate with a county clerk under Section   209.004, Property Code, shall electronically file the information   required by Section 209.00405(b), Property Code, with the Texas   Real Estate Commission not later than June 1, 2026.          SECTION 3.  This Act takes effect September 1, 2025.