HB 4211
AN ACT relating to certain residential property interests controlled by
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to certain residential property interests controlled by
Subject Areas
Bill Text
relating to certain residential property interests controlled by BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Title 12, Property Code, is amended by adding Chapter 223 to read as follows: CHAPTER 223. BUSINESS ENTITY-OWNED RESIDENTIAL ARRANGEMENTS Sec. 223.001. DEFINITIONS. In this chapter: (1) "Business entity" means a partnership, corporation, joint venture, limited liability company, or other business organization or business association, however organized. (2) "Managing entity" means a business entity that owns residential property used in a residential arrangement. (3) "Residential arrangement" means an arrangement in which the purchaser of an interest in a business entity is entitled to exclusive possession of residential property owned by the entity as long as the purchaser holds the interest in the business entity. (4) "Residential property" means the real property and improvements for a single-family house, duplex, triplex, or Sec. 223.002. APPLICABILITY. This chapter does not apply to a timeshare plan, as defined by Section 221.002. Sec. 223.003. AGREEMENTS AND RULES. (a) An agreement for the purchase of an interest in a managing entity must disclose to the purchaser that the agreement is for the purchase of an interest in the entity and not in any residential property itself. (b) The purchase agreement and any other agreement or rules governing the residential arrangement or the ownership interest in the entity may not require that a dispute concerning the arrangement or interest be brought before a tribunal other than a court established under the laws of this state or the United States. Sec. 223.004. DISCRIMINATION PROHIBITED. A managing entity may not take an action with respect to an interest in the entity in a manner that would be a violation of Chapter 301 if the interest in the entity were an interest in real property, including: (1) restricting the transfer of the interest; (2) imposing requirements to maintain the interest; or (3) refusing to grant an interest to an otherwise Sec. 223.005. TRANSFER OF INTEREST. Notwithstanding any provision in an agreement between the owner and a managing entity, an owner of an interest in a managing entity may transfer the interest without approval from the managing entity. Sec. 223.006. CERTAIN CHARGES PROHIBITED. A managing entity may not charge a fee for or share in the proceeds of the transfer of an interest in the managing entity from an owner to a Sec. 223.007. DECEPTIVE TRADE PRACTICE. A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code. SECTION 2. Section 301.042, Property Code, is amended by adding Subsection (a-1) to read as follows: (a-1) Subsection (a) does not apply to the sale, rental, or occupancy of a dwelling that is a single-family house, duplex, triplex, or quadruplex located on a subdivided lot in a parcel of land 25 acres or greater owned by a religious organization, association, or society or a nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society. SECTION 3. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to certain residential property interests controlled by
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