According to the Legislative Budget Board (LBB), no fiscal implications to the State of Texas are anticipated. The Texas Real Estate Commission (TREC), which may interact with or provide oversight in matters related to property owners’ associations, is a self-directed, semi-independent agency. As such, it operates outside of the traditional legislative budgeting process and is statutorily prohibited from imposing any costs on the state’s General Revenue Fund. Therefore, implementation of the bill is not expected to generate new expenses or require additional appropriations at the state level.

Likewise, the bill is not projected to have a fiscal impact on local government entities. The obligations established by HB 1349—such as the online publication of dedicatory instruments and expanded requirements for management certificates—apply specifically to private condominium associations and their management companies rather than state or local governmental bodies. Consequently, the legislation does not impose any new mandates or financial responsibilities on local governments.

In summary, HB 1349 is a regulatory transparency measure that enhances access to information for property owners without necessitating public expenditures. It maintains fiscal neutrality for both state and local governments.

HB 1349 is a well-calibrated extension of earlier pro-property owner reforms (notably SB 1588 from the 87th Legislature) and reflects considerable efforts aimed at improving transparency and accountability within property owners’ associations, particularly condominium associations. The bill modernizes statutory requirements by mandating that associations with either 60+ units or a contracted management company must publish dedicatory instruments online, thereby granting unit owners easier and more consistent access to governance documents.

In addition to enhancing public access, HB 1349 expands the disclosure obligations within management certificates filed with county clerks and the Texas Real Estate Commission (TREC), ensuring that prospective buyers are informed about applicable fees and management structures. This is a notable step toward empowering individual property owners and promoting transparency in housing transactions, both key components of protecting individual liberty and property rights.

The bill also introduces practical governance provisions. It clarifies that associations may fill architectural review authority vacancies with otherwise ineligible individuals only after a public solicitation of candidates has occurred and no eligible parties remain. It further allows associations to regulate fencing to preserve easement access, with reasonable carveouts for safety-sensitive individuals (e.g., law enforcement personnel or those with confidentiality protections). These additions reflect a balanced approach—preserving the autonomy of associations while safeguarding individual property rights and due process.

Importantly, HB 1349 imposes no fiscal impact on state or local governments, avoids expanding government authority, and strengthens rather than weakens private contractual governance. The bill is tightly scoped, non-intrusive, and promotes fairness in private community management. For these reasons, it aligns with liberty-oriented legislative principles, and Texas Policy Research recommends that lawmakers vote YES on HB 1349.

• Individual Liberty: The bill increases transparency by requiring certain condominium associations to make governance documents (detailed in their dedicatory instruments) publicly accessible via an internet website. This gives homeowners direct and timely access to the rules that govern their property, allowing them to make more informed decisions and assert their rights more effectively. In doing so, the bill enhances individuals’ ability to know and challenge association actions, which supports their autonomy and personal freedoms within private communities.
• Personal Responsibility: The bill promotes responsible behavior among associations and homeowners by mandating greater disclosure, especially regarding management contacts and resale-related fees. Homebuyers are given the tools to thoroughly understand the costs and rules before purchasing, fostering a culture of due diligence and accountability. Associations, in turn, are expected to maintain updated, publicly available records, encouraging better internal governance and communication.
• Free Enterprise: The bill does not impose market restrictions or introduce regulatory burdens on businesses or individuals engaging in property transactions. Rather, it fosters fair competition and informed consumer choices by requiring disclosure of fees and management structures. Transparency of costs (such as the $375 cap on resale certificates) allows potential buyers to compare communities more effectively, promoting healthy competition among property associations and management companies.
• Private Property Rights: Access to governing documents and clear disclosure of transfer-related fees strengthens homeowners’ ability to assert and protect their property rights. Moreover, the bill introduces safeguards for property owners who may face enforcement actions from associations while a management certificate is missing or outdated. This protects owners from unjust penalties and reinforces due process. Additionally, the bill includes narrowly defined provisions for when fencing can be regulated, ensuring association rules don’t arbitrarily infringe on homeowners’ use of their property.
• Limited Government: The bill maintains the principle of limited government by placing the responsibility for compliance on private associations and not creating any new government enforcement bodies. It requires only that associations electronically file existing documents with the Texas Real Estate Commission (TREC), which merely hosts the information without regulatory oversight or investigation. The bill avoids state overreach while ensuring the public has the tools to monitor and protect their private rights within the framework of existing civil law.

• SB 711 (Same As)