reglab/housing_qa huggingface dataset:
TX Prop § 221.011 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter B. Creation of Timeshare Regime|Section 221.011. Declaration

Sec. 221.011.  DECLARATION.  (a)  The developer of a timeshare plan any part of which is located in this state must record the timeshare instrument in this state.  When a person expressly declares an intent to subject the property to a timeshare plan through the recordation of a timeshare instrument that sets forth the information provided in Subsection (b), that property shall be established thenceforth as a timeshare plan.(b)  The declaration made in a timeshare instrument recorded under this section must include:(1)  a legal description of the timeshare property, including a ground plan indicating the location of each existing or proposed building included in the timeshare plan;(2)  a description of each existing or proposed accommodation, including the location and square footage of each unit and an interior floor plan of each existing or proposed building;(3)  a description of any amenities furnished or to be furnished to the purchaser;(4)  a statement of the fractional or percentage part that each timeshare interest bears to the entire timeshare plan;(5)  if applicable, a statement that the timeshare property is part of a multisite timeshare plan;(6)  any additional provisions that are consistent with this section; and(7)  the provisions required by Subchapter I to be included in a project instrument unless the provisions are included in one or more other project instruments.(c)  Any timeshare interest created under this section is subject to Section 1101.002(5), Occupations Code, but Sections 1101.351(a)(1) and (c), Occupations Code, do not apply to the acts of an exchange company in exchanging timeshare periods.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987.  Renumbered from Sec. 201.011 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989.  Amended by Acts 1993, 73rd Leg., ch. 443, Sec. 2, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.809, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 3, eff. January 15, 2006.Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 6, eff. September 1, 2013.|
TX Prop § 221.012 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter B. Creation of Timeshare Regime|Section 221.012. Conveyance and Encumbrance

Sec. 221.012.  CONVEYANCE AND ENCUMBRANCE.  Once the property is established as a timeshare plan, each timeshare interest may be individually conveyed or encumbered and shall be entirely independent of all other timeshare interests in the same timeshare property.  Any title or interest in a timeshare interest may be recorded.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987.  Renumbered from Sec. 201.012 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989.Amended by: Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 3, eff. January 15, 2006.|
TX Prop § 221.013 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter B. Creation of Timeshare Regime|Section 221.013. Common Ownership

Sec. 221.013.  COMMON OWNERSHIP.  (a)  Any timeshare interest may be jointly or commonly owned by more than one person.(b)  A timeshare estate may be jointly or commonly owned in the same manner as any other real property interest in this state.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987.  Renumbered from Sec. 201.013 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b) eff. Aug. 28, 1989.Amended by: Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 3, eff. January 15, 2006.|
TX Prop § 221.014 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter B. Creation of Timeshare Regime|Section 221.014. Partition

Sec. 221.014.  PARTITION.  An action for partition of a timeshare interest may not be maintained during the term of a timeshare plan.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987.  Renumbered from Sec. 201.014 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989.Amended by: Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 3, eff. January 15, 2006.|
TX Prop § 221.023 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter C. Registration|Section 221.023. Amendment of Registration

Sec. 221.023.  AMENDMENT OF REGISTRATION.  The developer shall file amendments to the registration reporting to the commission any materially adverse change in any document contained in the registration not later than the 30th day after the date the developer knows or reasonably should know of the change.  The developer may continue to offer and dispose of timeshare interests under the existing registration pending review of the amendments by the commission if the materially adverse change is disclosed to prospective purchasers.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987.  Renumbered from Sec. 201.023 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989.Amended by: Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 4, eff. January 15, 2006.|
TX Prop § 221.024 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter C. Registration|Section 221.024. Powers of Commission

Sec. 221.024.  POWERS OF COMMISSION.  (a)  The commission may prescribe and publish forms and adopt rules necessary to carry out the provisions of this chapter and may suspend or revoke the registration of any developer, place on probation the registration of a developer that has been suspended or revoked, reprimand a developer, impose an administrative penalty of not more than $10,000, or take any other disciplinary action authorized by this chapter if, after notice and hearing, the commission determines that a developer has materially violated this chapter, the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code), or the Contest and Gift Giveaway Act (Chapter 621, Business & Commerce Code).(b)  The commission:(1)  shall authorize the State Office of Administrative Hearings to conduct hearings in contested cases; and(2)  may establish reasonable fees for forms and documents it provides to the public and for the filing or registration of documents required by this chapter.(c)  If the commission initiates a disciplinary proceeding under this chapter, the person is entitled to a hearing before the State Office of Administrative Hearings.  The commission by rule shall adopt procedures to permit an appeal to the commission from a determination made by the State Office of Administrative Hearings in a disciplinary action.(d)  The commission shall set the time and place of the hearing.(e)  A disciplinary procedure under this chapter is governed by the contested case procedures of Chapter 2001, Government Code.(f)  The commission may file a suit in a district court of Travis County to prevent a violation of this chapter or for any other appropriate relief.(g)  Judicial review of a commission order imposing an administrative penalty is:(1)  instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and(2)  by trial de novo.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987.  Renumbered from Sec. 201.024 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 381, Sec. 1, eff. June 14, 1989;  Acts 1999, 76th Leg., ch. 62, Sec. 7.87, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 4, eff. January 15, 2006.Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.34, eff. April 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 23 (S.B. 862), Sec. 8, eff. May 12, 2009.|
TX Prop § 221.0245 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter C. Registration|Section 221.0245. Complaint Investigation

Sec. 221.0245.  COMPLAINT INVESTIGATION.  If the commission determines at any time that an allegation made or formal complaint submitted by a person is inappropriate or without merit, the commission shall dismiss the complaint and no further action may be taken.  The commission may delegate to commission staff the duty to dismiss complaints under this section.|Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 43, eff. September 1, 2019.|
TX Prop § 221.025 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter C. Registration|Section 221.025. Effect of Registration on Other Laws: Exemption From Certain Laws

Sec. 221.025.  EFFECT OF REGISTRATION ON OTHER LAWS:  EXEMPTION FROM CERTAIN LAWS.  (a)  A developer's compliance with this chapter exempts the developer's offer and disposition of timeshare interests subject to this chapter from securities and dealer registration under The Securities Act (Title 12, Government Code).(b)  A timeshare plan created as a condominium regime before January 1, 1994, that complies with this chapter is exempt from the requirements of Section 81.112 relating to club membership.(c)  A timeshare plan subject to Chapter 82 that complies with this chapter is exempt from the requirements of:(1)  Section 82.0675 relating to club membership; and(2)  Sections 82.103(c)-(e) relating to declarant control.(c-1)  The exemption provided by Subsection (c)(2) applies to a timeshare plan created before September 1, 2013, and to the project instrument governing the timeshare property subject to the timeshare plan only if the developer and the association agree to the application of the exemption in writing and the project instrument is amended to provide for the application of the exemption.  If the conditions provided by this subsection are not satisfied, a timeshare plan created before September 1, 2013, and the timeshare property subject to the timeshare plan are governed by any developer control provisions provided in the project instrument, notwithstanding any other law.(d)  A developer's compliance with this chapter as to any timeshare plan exempts any company, as defined by Chapter 181, Finance Code (Texas Trust Company Act), that holds title to the timeshare interests in the timeshare plan from compliance with the Texas Trust Company Act as to the company's activities relating to the holding of that title.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987.  Renumbered from Sec. 201.025 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989.Amended by: Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 4, eff. January 15, 2006.Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 7, eff. September 1, 2013.Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.39, eff. January 1, 2022.|
TX Prop § 221.026 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter C. Registration|Section 221.026. Issuance and Renewal of Registration

Sec. 221.026.  ISSUANCE AND RENEWAL OF REGISTRATION.  (a)  The commission by rule shall adopt requirements for the issuance and renewal of a developer's registration under this chapter, including:(1)  the form required for application for registration or a renewal of registration; and(2)  any supporting documentation required for registration or renewal of registration.(b)  The commission shall issue or renew a registration under this chapter for a period not to exceed 24 months.(c)  The commission may assess and collect a fee for the issuance or renewal of a registration under this chapter.(d)  The commission may assess and collect a late fee if the commission has not received the fee or any supporting documentation required before the 61st day after the date a registration is issued or renewed under this section.(e)  Failure to pay a renewal fee or late fee is a violation of this chapter.|Added by Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 4, eff. January 15, 2006.|
TX Prop § 221.027 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter C. Registration|Section 221.027. Temporary Suspension

Sec. 221.027.  TEMPORARY SUSPENSION.  (a)  The presiding officer of the commission shall appoint a disciplinary panel consisting of three commission members to determine whether the registration for a timeshare plan under this chapter should be temporarily suspended.(b)  If the disciplinary panel determines from the information presented to the panel that a timeshare plan registered under this chapter would, by the continued disposition of the timeshare property, constitute a continuing threat to the public welfare, the panel shall temporarily suspend the registration of the timeshare plan.(c)  A registration may be suspended under this section without notice or hearing on the complaint if:(1)  institution of proceedings for a hearing before the State Office of Administrative Hearings is initiated simultaneously with the temporary suspension; and(2)  a hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.(d)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.|Added by Acts 2007, 80th Leg., R.S., Ch. 1411 (S.B. 914), Sec. 58, eff. September 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 23 (S.B. 862), Sec. 9, eff. May 12, 2009.|
TX Prop § 221.028 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter C. Registration|Section 221.028. Denial of Registration Renewal

Sec. 221.028.  DENIAL OF REGISTRATION RENEWAL.  (a)  The commission may deny the renewal of a registration under this chapter if the developer is in violation of a commission order.(b)  The denial of a registration renewal under this section is subject to the same provisions as are applicable under Section 1101.364, Occupations Code, to the denial of a license.|Added by Acts 2019, 86th Leg., R.S., Ch. 334 (S.B. 624), Sec. 44, eff. September 1, 2019.|
TX Prop § 221.031 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter D. Disclosure|Section 221.031. Advertisements and Promotions

Sec. 221.031.  ADVERTISEMENTS AND PROMOTIONS.  (a)  At any time, the commission may request a developer to file for review by the commission any advertisement used in this state by the developer in connection with offering a timeshare interest.  The developer shall provide the advertisement not later than the 15th day after the date the commission makes the request.  If the commission determines that the advertisement violates this chapter or Chapter 621, Business & Commerce Code, the commission shall notify the developer in writing, stating the specific grounds for the commission's determination not later than the 15th day after the date the commission makes its determination.  The commission may grant the developer provisional approval for the advertisement if the developer agrees to correct the deficiencies identified by the commission.  A developer, on its own initiative, may submit any proposed advertisement to the commission for review and approval by the commission.(b)  Any advertisement that contains a promotion in connection with the offering of a timeshare interest must comply with Chapter 621, Business & Commerce Code.(c)  As provided by Subsections (d) and (e), an advertisement that contains a promotion in connection with the offering of a timeshare interest must include, in addition to any disclosures required under Chapter 621, Business & Commerce Code, the following:(1)  a statement to the effect that the promotion is intended to solicit purchasers of timeshare interests;(2)  if applicable, a statement to the effect that any person whose name is obtained during the promotion may be solicited to purchase a timeshare interest;(3)  the full name of the developer of the timeshare property; and(4)  if applicable, the full name and address of any marketing company involved in the promotion of the timeshare property, excluding the developer or an affiliate or subsidiary of the developer.(d)  An advertisement containing the disclosures required by Chapter 621, Business & Commerce Code, and Subsection (c) must be provided in writing or electronically:(1)  at least once before a scheduled sales presentation; and(2)  in a reasonable period before the scheduled sales presentation to ensure that the recipient receives the disclosures before leaving to attend the sales presentation.(e)  The developer is not required to provide the disclosures required by this section in every advertisement or other written, oral, or electronic communication provided or made to a recipient before a scheduled sales presentation.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987.  Renumbered from Sec. 201.031 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 381, Sec. 2, eff. June 14, 1989.Amended by: Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 5, eff. January 15, 2006.Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.35, eff. April 1, 2009.|
TX Prop § 221.033 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter D. Disclosure|Section 221.033. Exchange Disclosure Statement

Sec. 221.033.  EXCHANGE DISCLOSURE STATEMENT.  (a)  Before the signing of any agreement to purchase a timeshare interest in which a prospective purchaser is also offered participation in any exchange program, the developer shall also deliver to the prospective purchaser the exchange disclosure statement of any exchange company whose service is advertised or offered by the developer or other person in connection with the disposition.(b)  If participation in an exchange program is offered for the first time after a disposition has occurred, any person offering that participation shall also deliver an exchange disclosure statement to the purchaser before the execution by the purchaser of any instrument relating to participation in the exchange program.(c)  In all cases, the person offering participation in the exchange program shall obtain from the purchaser a written acknowledgement of receipt of the exchange disclosure statement.(d)  The exchange disclosure statement must include the following information:(1)  the name and address of the exchange company;(2)  if the exchange company is not the developer, a statement describing the legal relationship, if any, between the exchange company and the developer;(3)  a statement indicating the conditions under which the exchange program might terminate or become unavailable;(4)  whether membership or participation or both in the exchange program is voluntary or mandatory;(5)  a complete description of the required procedure for executing an exchange of timeshare periods;(6)  the fee required for membership or participation or both in the program and whether the fee is subject to change;(7)  a statement to the effect that participation in the exchange program is conditioned on compliance with the terms of a contract between the exchange company and the purchaser;(8)  a statement in conspicuous and bold-faced print to the effect that all exchanges are arranged on a space-available basis and that neither the developer nor the exchange company guarantees that a particular timeshare period can be exchanged;  and(9)  a description of seasonal demand and unit occupancy restrictions employed in the exchange program.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987.  Renumbered from Sec. 201.033 by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(b), eff. Aug. 28, 1989.Amended by: Acts 2005, 79th Leg., Ch. 539 (H.B. 1045), Sec. 6, eff. January 15, 2006.|
TX Prop § 221.035 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter D. Disclosure|Section 221.035. Supervisory Duties of Developer

Sec. 221.035.  SUPERVISORY DUTIES OF DEVELOPER.  Notwithstanding obligations placed upon any other persons by this chapter, the developer shall supervise, manage, and control all aspects of the offering of a timeshare interest, including but not limited to promotion, advertising, contracting, and closing.  Any violation of this chapter which occurs during such offering activities is considered to be a violation by the developer as well as by the person actually committing the violation.|Added by Acts 1989, 71st Leg., ch. 381, Sec. 3, eff. June 14, 1989.|
TX Prop § 221.036 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter D. Disclosure|Section 221.036. Developer Preparation and Completion of Documents

Sec. 221.036.  DEVELOPER PREPARATION AND COMPLETION OF DOCUMENTS.  (a)  A developer may charge a reasonable fee for completion of a contract form, closing document, or disclosure document required for the sale, exchange, option, lease, or rental of a timeshare interest.(b)  The action of a developer under Subsection (a) does not constitute the unauthorized or illegal practice of law in this state if the contract or document has been:(1)  accepted by the commission for use in the particular type of transaction involved;  or(2)  prepared by an attorney licensed to practice law in this state for use in the particular type of transaction involved.|Added by Acts 2003, 78th Leg., ch. 1244, Sec. 1, eff. June 20, 2003.|
TX Prop § 221.037 (2021)
2021 Texas Statutes|Property Code|Title 12 - Miscellaneous Shared Real Property Interests|Chapter 221 - Texas Timeshare Act|Subchapter D. Disclosure|Section 221.037. Alternative Terminology or Name

Sec. 221.037.  ALTERNATIVE TERMINOLOGY OR NAME.  (a)  In providing the disclosures required by this chapter, the use of the terms "vacation ownership interest" or "vacation ownership plan" to refer to the timeshare interest or plan offered by the developer, or the use of other terms that are substantially similar and that are regularly used by the developer to denote a timeshare interest or plan, is sufficient and complies with the requirements of this chapter.(b)  In providing the full name of a developer or a marketing company as required by this chapter, the disclosure of an assumed name of the developer or the marketing company, if the entity has complied with the requirements of the applicable assumed business names statutes or other laws regarding the use of the assumed name, is sufficient and complies with this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 279 (S.B. 1036), Sec. 3, eff. September 1, 2009.|