reglab/statecodes huggingface dataset:
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter I. Timeshare Owners' Associations › Section 221.081. Applicability

Sec. 221.081.  APPLICABILITY.  (a)  Except as provided by this section, this subchapter applies to a timeshare plan, the project instrument governing the timeshare property subject to the timeshare plan, and the association related to the timeshare plan, regardless of the date on which the timeshare plan was created.
(b)  Except as provided by Section 221.083(f), this subchapter applies to a timeshare plan, the project instrument governing the timeshare property subject to the timeshare plan, and the association related to the timeshare plan, created before September 1, 2013, unless the project instrument is amended before September 1, 2013, to provide that this subchapter does not apply.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter I. Timeshare Owners' Associations › Section 221.082. Powers and Limitations of Board

Sec. 221.082.  POWERS AND LIMITATIONS OF BOARD.  (a)  An association may be governed by a board of directors.  Except as provided in the project instrument, or this chapter, the board may act in all instances on behalf of the association.
(b)  Except as expressly authorized in the project instrument or otherwise permitted by the association, the board may not act on behalf of the association to:
(1)  amend the project instrument;
(2)  terminate the timeshare plan;
(3)  elect or remove board members; or
(4)  determine the qualifications, powers, duties, or terms of office of board members.
(c)  Subject to the project instrument, the board may appoint a member to fill a vacancy on the board and the member appointed serves for the unexpired portion of the term of the predecessor board member.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter I. Timeshare Owners' Associations › Section 221.083. Period of Developer Control

Sec. 221.083.  PERIOD OF DEVELOPER CONTROL.  (a)  Except as otherwise provided in this section, the project instrument may provide for a period of developer control of an association during which the developer, or a person designated by the developer, may appoint and remove board members and officers of the association.
(b)  Regardless of the period of developer control provided in the project instrument, that period expires not later than the earlier of:
(1)  the 120th day after the date that at least 95 percent of the timeshare interests that were created by the timeshare instrument are conveyed to owners other than the developer; or
(2)  the fifth anniversary of the date the developer ceased to offer timeshare interests for sale in the ordinary course of business under the timeshare plan or under another timeshare plan in which the timeshare interests are included, whichever date is later.
(c)  A developer may voluntarily surrender the developer's right to appoint and remove board members and officers of the association during the period of developer control by executing a written instrument stating that the developer's rights are surrendered and providing a copy of the instrument to the owners.  The developer may provide in the surrender instrument that, during the remaining period otherwise designated for developer control, specified actions of the association or board as described in the project instrument are effective only on approval of the developer.  The surrender instrument must be recorded in the real property records of the county in which the timeshare property is located.
(d)  If the project instrument provides for a developer control period of shorter duration than any period prescribed by this section, the project instrument controls.
(e)  During the period of developer control and subject to the project instrument, the developer may determine all matters governing the association, including the occurrence of special or regular meetings of the members and the notice requirements and rules for those meetings.
(f)  This section 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 in writing and the project instrument is amended to provide for that application.  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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter I. Timeshare Owners' Associations › Section 221.084. Election of Initial Board Members and Officers

Sec. 221.084.  ELECTION OF INITIAL BOARD MEMBERS AND OFFICERS.  (a)  Not later than the termination, by expiration or surrender, of any period of developer control, the owners, including the developer to the extent of any developer-owned timeshare interests, must elect a board of at least three members.  The board may include one or more representatives of the developer.
(b)  The board shall elect the officers of the association.
(c)  The board members and officers of the association take office on election.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter I. Timeshare Owners' Associations › Section 221.085. Removal of Board Members

Sec. 221.085.  REMOVAL OF BOARD MEMBERS.  Notwithstanding any provision of a project instrument to the contrary, the owners, by a vote of at least two-thirds of the voting rights of persons entitled to vote and voting in person or by proxy at any meeting of the owners, may remove a member of the board, with or without cause, other than a member appointed by the developer during the period of developer control under Section 221.083, provided that the developer remains in control of the association.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter I. Timeshare Owners' Associations › Section 221.086. Quorum

Sec. 221.086.  QUORUM.  (a)  Unless the project instrument provides for a larger quorum requirement, the percentage of voting interests constituting a quorum at a meeting of the members of an association is 10 percent of the voting interests of owners who are not delinquent in assessments, voting in person or by proxy.
(b)  If a quorum is not present at any meeting of the association at which board members will be elected, the meeting may be adjourned and reconvened not later than the 90th day after the date of adjournment for the sole purpose of electing board members.  Unless the project instrument provides for a larger quorum requirement, the quorum for the reconvened meeting is 10 percent of the voting interests of owners who are not delinquent in assessments, voting in person or by proxy.
(c)  Unless the project instrument provides otherwise, a quorum of the board is considered present throughout a board meeting if the members entitled to cast a majority of the votes are present at the beginning of the meeting.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter I. Timeshare Owners' Associations › Section 221.087. Votes

Sec. 221.087.  VOTES.  (a)  If only one of the multiple owners of a timeshare interest is present at a meeting of the association, that owner may cast all votes allocated to that timeshare interest.  If more than one of the multiple owners are present, the votes allocated to that timeshare interest may be cast only in accordance with the agreement of a majority of the timeshare interest held by the multiple owners unless the timeshare instrument expressly provides otherwise.  For purposes of this subsection, there is a majority agreement if any one of the multiple owners casts the votes allocated to that timeshare interest and no protest is made promptly to the person presiding over the meeting by any of the other owners of the timeshare interest.
(b)  Votes allocated to a timeshare interest may be cast under a proxy duly executed by an owner.  A proxy must expressly state the dates of execution and termination.  An owner may only revoke a proxy given under this section by actual notice of revocation to the person presiding over a meeting of the association.  A proxy is revoked on presentation of a later dated proxy or other written revocation executed by the same owner.  A proxy terminates the 25th month after the date the proxy is executed, unless the proxy specifies a shorter period or states that the proxy is coupled with an interest and is irrevocable.
(c)  The project instrument for a timeshare plan may authorize votes of members of an association to be cast by mail only if:
(1)  mail ballots are mailed or sent to each member in the manner prescribed for a notice of a special meeting under Section 221.089;
(2)  the period for return of mail ballots is not later than the 30th day after the date the ballots are mailed or sent to members; and
(3)  the required minimum number of ballots that must be returned by members for the vote to be effective represents at least the percentage of voting interests required for a quorum as prescribed by Section 221.086(a).
(d)  Only timeshare interests included in the timeshare plan have voting rights.
(e)  Unless the project instrument provides otherwise, owners who are delinquent in assessments do not have the right to cast a vote.  The right to cast a vote is also subject to any additional limitations provided in the project instrument.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter I. Timeshare Owners' Associations › Section 221.088. Open Meetings; Exceptions

Sec. 221.088.  OPEN MEETINGS; EXCEPTIONS.  (a)  Notwithstanding any provision in the project instrument to the contrary and except as provided in this section, after the period of developer control under Section 221.083, all meetings of the association and board are open to all members of the association and all members must be permitted to attend and listen to the deliberations and proceedings.  Meetings must be conducted as provided in the project instrument.  The board may adjourn a board meeting and reconvene in a closed executive session to consider:
(1)  legal advice from an attorney for the board or the association;
(2)  pending or contemplated litigation;
(3)  financial information about an individual member of the association, an individual employee of the association, an individual employee of the managing entity, or an individual employee of a contractor for the association or managing entity; or
(4)  matters relating to the job performance of, compensation of, health records of, or specific complaints against an individual employee of the association, an individual employee of the managing entity, or an individual employee of a contractor of the association or managing entity who works under the direction of the association or the managing entity.
(b)  If a board meeting is closed as provided by Subsection (a)(1) or (2), the board, on final resolution of any matter for which the board received legal advice or that concerned pending or contemplated litigation, may disclose information about that matter in an open meeting, except to the extent that those matters are required to remain confidential by the terms of a settlement agreement or judgment.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter I. Timeshare Owners' Associations › Section 221.089. Notice

Sec. 221.089.  NOTICE.  (a)  A meeting of the members of the association must be held annually after the termination of the period of developer control under Section 221.083.  Special meetings of the members of the association may be called by the president, by a majority of the board, or by owners having at least 25 percent of the votes allocated to timeshare interests in the association or any lower percentage specified in the project instrument.
(b)  Unless the project instrument provides otherwise, the association or managing entity must send notice of the meeting to the mailing address of each owner on record with the association:
(1)  not later than the 30th day or earlier than the 90th day before the date of an annual meeting; and
(2)  not later than the 10th day or earlier than the 60th day before the date of a special meeting.
(c)  The notice of a meeting of the owners must state the date, time, and place of the meeting.  The notice of a special meeting of the owners must also state the purpose of the meeting.  A notice of a meeting may be included in a list of upcoming meetings sent to owners, and the list is not required to be specific to one meeting.  The failure of an owner to receive actual notice of a meeting of the owners does not affect the validity of any action taken at that meeting.
(d)  Unless the project instrument provides otherwise, the association or managing entity must send notice of a board meeting held after the date the developer control period terminates to the mailing address of each owner on record with the association not later than the 10th day before the date of the meeting.  Notice to owners of a board meeting is not required if emergency circumstances require action by the board before notice can be given.  A notice of a board meeting must state the date, time, and place of the meeting.  A notice of a meeting may be included in a list of upcoming meetings sent to owners, and the list is not required to be specific to one meeting.  The failure of an owner to receive actual notice of a board meeting does not affect the validity of any action taken at that meeting.
(e)  A notice may be provided in a newsletter or a similar mailing.  Notice may be provided by prepaid United States mail, e-mail for those owners who have provided an e-mail address, or any other reasonable method selected by the board.
(f)  Notwithstanding Subsections (a)-(d) or any other law related to notice by an association, a notice to an owner may be provided by conspicuous disclosure on the association's website if the owner has consented to that alternative notice.  Consent to that alternative notice must be in writing and may be revoked by the owner at any time.
(g)  An affidavit of notice by an officer of the association or the managing entity is prima facie evidence that notice was provided under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest › Section 221.101. Transfer or Termination of Timeshare Interest

Sec. 221.101.  TRANSFER OR TERMINATION OF TIMESHARE INTEREST.  In this subchapter:
(1)  "Termination" with respect to a timeshare interest:
(A)  means:
(i)  the release of contractual obligations relating to a timeshare interest by the developer, association, or managing entity; or
(ii)  the invalidation, cancellation, nullification, or cessation of contractual obligations related to a timeshare interest by a judgment or court order; and
(B)  does not include the cancellation of a purchase contract governed by Subchapter E.
(2)  "Transfer" with respect to a timeshare interest means the conveyance of all or substantially all of a timeshare interest.
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest › Section 221.102. Applicability

Sec. 221.102.  APPLICABILITY.  (a)  This subchapter applies to a timeshare interest if the timeshare interest has been acquired only for the purchaser's personal, family, or household use and:
(1)  the timeshare interest is owned by a resident of this state;
(2)  the timeshare property is located in this state; or
(3)  the timeshare interest acquired is in a multisite timeshare plan required to be registered under Subchapter C.
(b)  Except as provided by Subsection (c), this subchapter applies to a person who:
(1)  is acting in the ordinary course of business; and
(2)  directly or indirectly, regardless of whether acting in person, by mail, by telephone, or by any mode of Internet or electronic communication, offers or advertises an offer to engage in, for consideration, the following activities:
(A)  obtaining or attempting to obtain on behalf of a timeshare interest owner a termination of contractual obligations relating to a timeshare interest;
(B)  selling, renting, listing, or advertising a timeshare interest on behalf of a timeshare interest owner;
(C)  purchasing a timeshare interest from a timeshare interest owner; or
(D)  assisting in the transfer of an owner's timeshare interest.
(c)  This subchapter does not apply to:
(1)  a license holder under Chapter 1101, Occupations Code, acting as a broker, agent, or salesperson under that person's license in connection with the transfer or termination of a timeshare interest;
(2)  a developer, association, or managing entity for a timeshare interest to be transferred or terminated or a third party acting at the specific request of the developer, association, or managing entity; or
(3)  an attorney, title agent, title company, or escrow company that:
(A)  provides only closing, settlement, or other comparable transaction services in connection with the transfer or termination of a timeshare interest; and
(B)  does not otherwise engage in activities described by Subsection (b).
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest › Section 221.103. General Disclosures Required

Sec. 221.103.  GENERAL DISCLOSURES REQUIRED.  A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer or termination of a timeshare interest shall provide to the timeshare interest owner, before the third day before the date the timeshare interest owner enters into the agreement the following written disclosures, as applicable:
(1)  the name, telephone number, and physical address of the person providing services under the agreement and any affiliate, agent, or third-party representative of that person;
(2)  if the person identified in Subdivision (1),  or an affiliate, agent, or third-party representative of that person providing services under the agreement, is an attorney licensed to practice law in this state, a disclosure of whether the attorney will be providing services under the agreement and representing the timeshare interest owner in connection with the transfer or termination of the timeshare interest;
(3)  a description, legally sufficient for identification, of the timeshare interest to be transferred or terminated;
(4)  a description of the method of transfer or termination or a copy of the instrument that will be used for transferring or terminating the timeshare interest;
(5)  a description of any interest the timeshare interest owner retains after the transfer;
(6)  a description of the scope of a power of attorney or other delegation of authority, if any, that the timeshare interest owner is required to give to complete the transfer of the timeshare interest;
(7)  an itemized statement of any amounts the timeshare owner is required to pay as consideration or reimbursement for services provided in connection with the agreement;
(8)  the name of each recipient of amounts described by Subdivision (7);
(9)  the estimated date for completing all services sufficient to transfer or terminate the timeshare interest; and
(10)  a statement that, on completion of the transfer or termination of the timeshare interest, the person will give written notice of the transfer or termination to:
(A)  the developer, association, or managing entity, as applicable; and
(B)  if applicable, the exchange company for the timeshare interest.
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest › Section 221.104. Disclosure of Authorized Use of Timeshare Interest

Sec. 221.104.  DISCLOSURE OF AUTHORIZED USE OF TIMESHARE INTEREST.  (a)  A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer or termination of a timeshare interest shall disclose in writing to the timeshare interest owner the name of any person, other than the timeshare interest owner, who may occupy, rent, exchange, or otherwise use the timeshare interest during the term of the agreement.
(b)  If a person is authorized to occupy, rent, exchange, or otherwise use the timeshare interest during the term of the agreement, the agreement must state the name of each person receiving consideration for the occupation, rent, exchange, or use of the timeshare interest.
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest › Section 221.105. Disclosures Relating to Payment of Fees for Transfer Services

Sec. 221.105.  DISCLOSURES RELATING TO PAYMENT OF FEES FOR TRANSFER SERVICES.  A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer of the timeshare interest must conspicuously disclose in writing to the timeshare interest owner that the timeshare interest owner is not required to pay any consideration or reimbursement under the agreement until the timeshare interest owner receives:
(1)  a written acknowledgement from the developer, the association, or the managing entity that the person facilitating the transfer under the agreement complied with all applicable policies of the developer, association, or managing entity, if any, governing the transfer of the timeshare interest; and
(2)  a copy of the instrument transferring the timeshare interest, recorded, if required by applicable law, in the real property records of the county in which the timeshare property is located.
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest › Section 221.106. Required Notice for Transfer Services

Sec. 221.106.  REQUIRED NOTICE FOR TRANSFER SERVICES.  A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the transfer of the timeshare interest must provide to the timeshare interest owner a statement printed in 14-point boldface type or 14-point uppercase typewritten letters that reads substantially similar to the following:
I (name of the person facilitating the transfer) WILL ACT IN GOOD FAITH AND IN A COMMERCIALLY REASONABLE MANNER TO COMPLETE THE TRANSFER OF OWNERSHIP OF YOUR TIMESHARE INTEREST NOT LATER THAN THE 180TH DAY AFTER THE DATE OF THIS AGREEMENT.
YOUR OBLIGATION TO PAY ALL COSTS AND FEES ASSOCIATED WITH YOUR TIMESHARE INTEREST, INCLUDING ANY REGULAR OR SPECIAL ASSESSMENTS OR REAL OR PERSONAL PROPERTY TAXES, DOES NOT CEASE BY VIRTUE OF THE EXECUTION OF THIS AGREEMENT.
IF THE TRANSFER OF YOUR TIMESHARE INTEREST IS NOT COMPLETED BEFORE THE 180TH DAY AFTER THE DATE OF THIS AGREEMENT, YOU WILL CONTINUE TO BE RESPONSIBLE FOR THE PAYMENT OF ALL COSTS AND FEES ASSOCIATED WITH YOUR TIMESHARE INTEREST, INCLUDING ANY REGULAR OR SPECIAL ASSESSMENTS OR REAL OR PERSONAL PROPERTY TAXES.
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest › Section 221.107. Required Notice for Termination Services

Sec. 221.107.  REQUIRED NOTICE FOR TERMINATION SERVICES.  A person subject to this subchapter who enters into an agreement with a timeshare interest owner to facilitate the termination of the timeshare interest must provide to the timeshare interest owner a statement printed in 14-point boldface type or 14-point uppercase typewritten letters that reads substantially similar to the following:
I (name of the person facilitating the termination of the timeshare interest) WILL ACT IN GOOD FAITH AND IN A COMMERCIALLY REASONABLE MANNER TO COMPLETE THE TERMINATION OF YOUR TIMESHARE INTEREST NOT LATER THAN THE 180TH DAY AFTER THE DATE OF THIS AGREEMENT BY OBTAINING:
(1)  A VALID AND ENFORCEABLE RELEASE FROM THE DEVELOPER, ASSOCIATION, OR MANAGING ENTITY; OR
(2)  A JUDGMENT OR COURT ORDER INVALIDATING THE PURCHASE OR OWNERSHIP OF YOUR TIMESHARE INTEREST.
YOUR OBLIGATION TO PAY ALL COSTS AND FEES ASSOCIATED WITH YOUR TIMESHARE INTEREST, INCLUDING ANY REGULAR OR SPECIAL ASSESSMENTS OR REAL OR PERSONAL PROPERTY TAXES, DOES NOT CEASE BY VIRTUE OF THE EXECUTION OF THIS AGREEMENT.
I CANNOT GUARANTEE THAT I WILL SUCCESSFULLY COMPLETE THE TERMINATION OF YOUR TIMESHARE INTEREST.  IF I FAIL TO COMPLETE THE TERMINATION OF YOUR TIMESHARE INTEREST, YOU WILL CONTINUE TO BE RESPONSIBLE FOR THE PAYMENT OF ALL COSTS AND FEES ASSOCIATED WITH YOUR TIMESHARE INTEREST, INCLUDING ANY REGULAR OR SPECIAL ASSESSMENTS OR REAL OR PERSONAL PROPERTY TAXES.
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest › Section 221.108. Reliance

Sec. 221.108.  RELIANCE.  In making disclosures required by this subchapter, a person facilitating the transfer or termination of a timeshare interest may rely on written information provided by the timeshare interest owner, the developer, the association, or the managing entity.
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest › Section 221.109. Duty of Good Faith Regarding Transfer or Termination Services

Sec. 221.109.  DUTY OF GOOD FAITH REGARDING TRANSFER OR TERMINATION SERVICES.  A person facilitating the transfer or termination of a timeshare interest must act in good faith to accomplish the transfer or termination not later than the 180th day after the date the person enters into an agreement with the timeshare interest owner.
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest › Section 221.110. Deceptive Trade Practices

Sec. 221.110.  DECEPTIVE TRADE PRACTICES.  A person subject to this subchapter commits a false, misleading, or deceptive act or practice within the meaning of Sections 17.46(a) and (b), Business & Commerce Code, by engaging in any of the following acts:
(1)  failing to disclose information as required by this subchapter;
(2)  making false or misleading statements concerning:
(A)  the existence of an offer related to the purchase or rent of a timeshare interest;
(B)  the likelihood of the completion or the time necessary to complete any sale, rental, transfer, or termination of a timeshare interest;
(C)  the value of a timeshare interest;
(D)  the current or future costs, including assessments, maintenance fees, or taxes, of owning a timeshare interest;
(E)  the method by which or source from which a timeshare interest owner's name, address, telephone number, or other contact information was obtained;
(F)  the identity of the person providing services to facilitate the transfer or termination of a timeshare interest or any affiliate, agent, or third-party representative of that person;
(G)  the terms and conditions under which services to facilitate a transfer or termination of a timeshare interest are offered;
(H)  the willingness of a developer, association, or managing entity to:
(i)  agree to the transfer or termination of a timeshare interest; or
(ii)  execute instruments necessary to transfer or terminate the timeshare interest; or
(I)  the manner in which consideration or reimbursements paid by a timeshare interest owner will be used or applied;
(3)  encouraging or inducing a timeshare interest owner to stop paying the developer, the association, or the managing entity in violation of a contract with or any other legally enforceable obligation to the developer, the association, or the managing entity before the completion of a transfer or termination; or
(4)  receiving or collecting consideration for or reimbursement related to the facilitation of the transfer of a timeshare interest before the timeshare interest owner receives the documents described by Sections 221.105(1) and (2).
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 221 - Texas Timeshare Act › Subchapter J. Service Agreements to Transfer or Terminate a Timeshare Interest › Section 221.111. Supervisory Duties

Sec. 221.111.  SUPERVISORY DUTIES.  (a)  The person who enters into an agreement to facilitate the transfer or termination of a timeshare interest shall supervise, manage, and control all aspects of the services provided under the agreement.
(b)  Any violation of this subchapter that occurs during the provision of services is considered a violation by the person who enters into the agreement and any affiliate, agent, or third-party representative of that person.
(c)  Section 221.035 does not apply to a person providing services under this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 222 - Texas Membership Camping Resort Act › Section 222.001. Short Title

Sec. 222.001.  SHORT TITLE.  This chapter may be cited as the Texas Membership Camping Resort Act.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(d), eff. Aug. 28, 1989.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 222 - Texas Membership Camping Resort Act › Section 222.002. Application of Chapter

Sec. 222.002.  APPLICATION OF CHAPTER.  (a)  This chapter applies to all membership camping resorts located in this state.
(b)  Sections 222.003-222.013 also apply to membership camping resorts located outside this state but offered for sale in this state.
(c)  This chapter does not affect a membership camping contract made before August 31, 1987.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(d), eff. Aug. 28, 1989.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 222 - Texas Membership Camping Resort Act › Section 222.005. Registration of Sellers and Membership Camping Contract Brokers

Sec. 222.005.  REGISTRATION OF SELLERS AND MEMBERSHIP CAMPING CONTRACT BROKERS.  (a)  A person may not offer a membership interest or membership right in a membership camping resort or resell membership camping contracts in this state unless the person is registered with the secretary of state.  Each application for registration as a seller or membership camping contract broker must be in writing and must be signed by the applicant.
(b)  The application must state:
(1)  the name and address of the applicant;
(2)  the name and place of business of the applicant's employer, if any;
(3)  whether the applicant has been convicted of a felony or a misdemeanor involving moral turpitude and if so, the nature of the felony, where and when it was committed, and the disposition of the conviction;  and
(4)  whether the applicant has been refused a real estate broker's or salesman's license or any other occupational license in this or any other state or whether the applicant's license as a real estate broker or salesman in this or any other state has been revoked or suspended.
(c)  The secretary of state may require any additional information that is reasonably necessary to determine the good moral character of an applicant for registration.
(d)  Each application for registration as a seller or membership camping contract broker must be accompanied by the required registration fee set by the secretary of state pursuant to Section 222.010.
(e)  The secretary of state may prescribe and publish forms to carry out the provisions of this section.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(d), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 1039, Sec. 3.22, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 222 - Texas Membership Camping Resort Act › Section 222.007. Contract

Sec. 222.007.  CONTRACT.  (a)  Each sale of a membership interest or membership right in a membership camping resort must be evidenced by a membership camping contract written in the language principally used in any promotional presentation made to the purchaser.  The seller must give the purchaser a copy of the contract at the time it is signed.
(b)  Each contract must contain the following:
(1)  the name and address of the operator and the seller and the location of the membership camping resort;
(2)  the signature of the operator or seller;
(3)  the signature of the purchaser;
(4)  the date on which the purchaser signs the contract;
(5)  the name of the person who closed the transaction described in the membership camping contract;
(6)  a brief description of the nature of the purchaser's interest in and right or license to use the membership camping resort;
(7)  a summary or copy of the rules, restrictions, or covenants regulating the purchaser's use of the operator's properties, including a statement of whether and how the rules, restrictions, or covenants may be changed;
(8)  any restraints on the transfer of the membership camping contract;
(9)  any grounds for forfeiture of a purchaser's membership camping contract;
(10)  if applicable, a statement of the purchaser's right to cancel the membership camping contract as provided by Section 222.008(c);
(11)  a statement of whether the purchaser visited the location of the membership camping resort before signing the contract;  and
(12)  if applicable, a statement by the seller that if the purchaser timely exercises any right of cancellation under the contract, all payments made by the purchaser to the seller in connection with the contract shall be returned to the purchaser before the 21st day after the seller receives notice of cancellation as required under Section 222.008.
(c)  The contract must also contain a brief description of the existing amenities available for use by purchasers at the home resort and of any proposed amenities or amenities not yet complete or fully functional.
(d)  The contract must also contain a brief statement of the operator's ownership of or other right to use the camping properties represented to be available for use by purchasers, together with the duration of any lease, license, franchise, or reciprocal program entitling the operator to use the property, and material provisions of any agreements that restrict a purchaser's use of the property.
(e)  The contract must be revised annually to include any changes to the information required by this section, if applicable.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(d), eff. Aug. 28, 1989.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 222 - Texas Membership Camping Resort Act › Section 222.008. Purchaser's Right to Cancel

Sec. 222.008.  PURCHASER'S RIGHT TO CANCEL.  (a)  A purchaser may cancel a membership camping contract to purchase a membership interest or membership right before the fourth business day after the contract is executed if the purchaser did not visit the location of the membership camping resort being offered for sale before the contract was signed.  A purchaser may not waive his right of cancellation under this section.  A contract containing a waiver is voidable by the purchaser.
(b)  If a purchaser elects to cancel a membership camping contract under Subsection (a), he may do so by hand delivering notice of cancellation to the seller or by mailing notice by prepaid United States mail to the seller or to the seller's agent for service of process.  Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded before the 21st day after the date on which the seller receives notice of cancellation.
(c)  If applicable, immediately before the space reserved in the contract for the signature of the purchaser, in bold-faced and conspicuous type or print that is larger than the type of print in the remaining text of the contract, substantially the following statement must appear:
"If you have not visited the location of the membership camping resort in which you are acquiring an interest or membership right, you may cancel this contract without penalty or obligation before the fourth business day after the date on which you signed this contract.  If you decide to cancel this contract, you may do so by hand delivering notice of cancellation to the seller or by mailing notice by prepaid United States mail to the seller or the seller's agent for service of process.  Your notice of cancellation is effective on the date sent or delivered to (name of seller) at (address of seller).  A purchaser should not rely on statements other than those included in this contract and the disclosure statement."
Added by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(d), eff. Aug. 28, 1989.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 222 - Texas Membership Camping Resort Act › Section 222.009. Reciprocal Program

Sec. 222.009.  RECIPROCAL PROGRAM.  An operator does not incur any liability arising out of use, delivery, or publication by the operator to the purchaser of written information or audio-visual materials provided to it by the reciprocal company pursuant to Section 222.006;  provided, however, that an operator is subject to liability arising out of the use, delivery, or publication to the purchaser of materials provided by the reciprocal company if the operator knows that the materials are inaccurate or false.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(d), eff. Aug. 28, 1989.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 222 - Texas Membership Camping Resort Act › Section 222.010. Fees

Sec. 222.010.  FEES.  (a)  The secretary of state shall set all fees imposed by this chapter in amounts reasonable and necessary to cover the costs of administering this chapter.
(b)  The secretary of state shall deposit all fees received under this chapter in the state treasury to the credit of a special fund to be used in the administration of this chapter.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(d), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg., ch. 1039, Sec. 3.23, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 222 - Texas Membership Camping Resort Act › Section 222.011. Violations

Sec. 222.011.  VIOLATIONS.  (a)  A person commits a false, misleading, or deceptive act or practice within the meaning of Subsections (a) and (b), Section 17.46, Deceptive Trade Practices-Consumer Protection Act (Section 17.46, Business & Commerce Code), by engaging in any of the following acts:
(1)  failing to disclose information concerning a membership interest or membership right required by Section 222.006;
(2)  failing to provide a purchaser with a copy of the membership camping contract and any other document signed by the purchaser or the operator in connection with the purchase of a membership interest or membership right;
(3)  making false or misleading statements of a material nature concerning camping sites or amenities available to the purchaser;
(4)  predicting specific or immediate increases in the value of a membership interest or membership right without a reasonable basis for such predictions;
(5)  making false or misleading statements of a material nature concerning the conditions under which a purchaser of a membership interest or membership right may use or occupy other membership camping resort camping sites or amenities;
(6)  representing that a prize, gift, or other benefit will be awarded in connection with a promotion with intent not to award that prize, gift, or other benefit;
(7)  representing that registration with the secretary of state under Section 222.004 constitutes approval or endorsement by the secretary of state of the operator, the membership camping contract, or the membership camping resort;
(8)  offering or disposing of a membership interest or membership right under a membership camping contract without having complied with the registration requirements under Section 222.004;  and
(9)  offering for sale a membership interest or membership right in a membership camping resort without having complied with the registration requirements under Section 222.005.
(b)  The provisions of this section are not exclusive and are in addition to provisions provided for in any other law.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(d), eff. Aug. 28, 1989.  Amended by Acts 1989, 71st Leg. ch. 1039, Sec. 3.24, eff. Sept. 1, 1989.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 222 - Texas Membership Camping Resort Act › Section 222.012. Insurance

Sec. 222.012.  INSURANCE.  Before the disposition of any membership interest or membership right in a membership camping resort, the operator shall maintain the following insurance with respect to the membership camping resort:
(1)  property insurance on any personal property for use by purchasers, other than personal property separately owned by a purchaser, insuring against all risks of direct physical loss commonly insured against in a total amount, after application of deductibles, of the insurable value of the personal property of the membership camping resort;  and
(2)  liability insurance covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, and maintenance of the membership camping resort.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(d), eff. Aug. 28, 1989.
2023 Texas Statutes › Property Code › Title 12 - Miscellaneous Shared Real Property Interests › Chapter 222 - Texas Membership Camping Resort Act › Section 222.013. Exempt From Securities Act

Sec. 222.013.  EXEMPT FROM SECURITIES ACT.  The filing of a registration under this chapter exempts the sale of a membership interest or membership right in a membership camping resort subject to this chapter from registration under The Securities Act (Title 12, Government Code).
Added by Acts 1989, 71st Leg., ch. 2, Sec. 13.03(d), eff. Aug. 28, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.40, eff. January 1, 2022.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter A. General Provisions › Section 240.001. Short Title

Sec. 240.001.  SHORT TITLE.  This chapter may be cited as the Texas Uniform Disclaimer of Property Interests Act.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter A. General Provisions › Section 240.003. Applicability of Chapter

Sec. 240.003.  APPLICABILITY OF CHAPTER.  This chapter applies to disclaimers of any interest in or power over property, whenever created.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter A. General Provisions › Section 240.004. Chapter Supplemented by Other Law

Sec. 240.004.  CHAPTER SUPPLEMENTED BY OTHER LAW.  (a)  Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
(b)  This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a statute other than this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter A. General Provisions › Section 240.005. Uniformity of Application and Construction

Sec. 240.005.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law, with respect to the subject matter of this chapter, among states that enact a law based on the uniform act on which this chapter is based.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Property Code › Title 13 - Disclaimer of Property Interests › Chapter 240 - Texas Uniform Disclaimer of Property Interests Act › Subchapter A. General Provisions › Section 240.006. Power to Disclaim by Person Other Than Fiduciary

Sec. 240.006.  POWER TO DISCLAIM BY PERSON OTHER THAN FIDUCIARY.  (a)  A person other than a fiduciary may disclaim, in whole or in part, any interest in or power over property, including a power of appointment.
(b)  A person other than a fiduciary may disclaim an interest or power under this section even if the creator of the interest or power imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.
Added by Acts 2015, 84th Leg., R.S., Ch. 562 (H.B. 2428), Sec. 15, eff. September 1, 2015.