Disaster Remediation Contracts

The 82^nd Texas Legislature passed House Bill 1711 to regulate “Disaster Remediation Contracts” which became effective on September 1, 2011. House Bill 1711 is now Chapter 57 of the Texas Business & Commerce Code and regulates contracts for “the removal, cleaning, sanitizing, demolition, reconstruction, or other treatment of improvements to real property because of damage or destruction to that property caused by a natural disaster.”

A disaster declaration is made by the governor and a recent example would include the wildfires throughout Texas. Other examples would include hurricanes and tropical storms that devastated the Gulf Coast.

The new legislation requires a written contract that includes specific terms and disclosures. Failure to comply is a “Deceptive Trade Practice” under Chapter 17, Texas Business & Commerce Code and can result in a wide range of penalties.

There are a few exceptions to the applicability of the new legislation. Notably, the new statutory requirements do not apply to “local” contractors which are contractors that maintained a physical business address in the county in which the property is located or a county adjacent to the county in which the property is located for at least one year preceding the date of the contract.

If you are soliciting contracts in areas under a disaster declaration, you should review your contracts to ensure that the new required terms and disclosures are included.

Article by Sarah F. Berry, Attorney

HOA BOARD MEMBERS WITH FELONY CONVICTIONS SUBJECT TO OUSTER

Effective September 1, 2011, Directors of Texas Homeowners' Associations can be removed from the Board if there exists a paper trail showing them to be a convicted felon. This law -- which is incorporated into Chapter 209 of the Texas Property Code --is part of the broad HOA "reform" legislation adopted by the Texas Legislature in its most recent session.

The new law provides:

If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member has been convicted of a felony or crime involving moral turpitude, the board member is immediately ineligible to serve on the board of the property owners' association, automatically considered removed from the board, and prohibited from future service on the board.

Notably, the new law doesn't prevent a felon from running for or even serving on an HOA Board. Moreover, there is no requirement of self-disclosure or any obligation for Board candidates to undergo background checks.

SOME HOAs SUBJECT TO TEXAS PUBLIC INFORMATION ACT

Sec. 552.0036. CERTAIN PROPERTY OWNERS' ASSOCIATIONS SUBJECT TO LAW. A property owners' association is subject to Chapter 552 of the Texas Government Code in the same manner as a governmental body:

(1) if:
(A) membership in the property owners' association is mandatory for owners or for a defined class of owners of private real property in a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more;
(B) the property owners' association has the power to make mandatory special assessments for capital improvements or mandatory regular assessments; and
(C) the amount of the mandatory special or regular assessments is or has ever been based in whole or in part on the value at which the state or a local governmental body assesses the property for purposes of ad valorem taxation under Section 20, Article VIII, Texas Constitution;

or

(2) if the property owners' association:
(A) provides maintenance, preservation, and architectural control of residential and commercial property within a defined geographic area in a county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more; and
(B) is a corporation that:
(i) is governed by a board of trustees who may employ a general manager to execute the association's bylaws and administer the business of the corporation;
(ii) does not require membership in the corporation by the owners of the property within the defined area; and
(iii) was incorporated before January 1, 2006.

Notably, as of the 2010 census, only Harris County exceeded the threshold population of $2.8 million people

Texas Judge William Adams Investigated as YouTube Video Showing Man Beating Teen Girl With Belt Goes Viral

Aransas County Judge at Law William Adams is getting an international publicity boost today, but not in a good way, as a YouTube of a man beating a teenaged girl with a belt has gone viral - and media reports are that he's the man in the video.

Watch the video on YouTube here, but be prepared - this may be disturbing so think about it before you click the link:

YouTube Video Purported of Judge William Adams "Go get my belt...."

If you check the video out as it has been placed upon YouTube (downloaded on 10/27/2011), there is a description that relates the teenaged girl to be the judge's daughter, Hillary Adams.

Death Threats and a Criminal Investigation

KRIS-TV out of Corpus Christi is reporting that they contacted Miss Adams, and she confirmed the YouTube video as being something that she herself placed on the web, to spotlight what had happened to her.

KRIS-TV is also reporting that the Aransas County Courthouse is being swamped with folk calling to complain about the YouTube video and what they perceive to be the actions of a sitting Texas judge. Officials are reporting that there have been death threats against the Texas judge, and a criminal investigation has been opened.

Teenager Depicted in Video Has Been Disabled Since Birth

The YouTube video was accompanied by text (read it all at Above the Law) that states the teenager shown in the video suffers from a disability, having been born with ataxic cerebral palsy.

Ataxic cerebral palsy is a rare form of cerebral palsy that results in poor physical coordination, with victims suffering from shaky movement and problems doing things like walking or writing with a pen or pencil.

Growing Media Frenzy Over YouTube Video and Judge William Adams

The disturbing video is getting not only national media attention by also the international spotlight. This morning, the International Business Times reported that Judge Adams' phone had been disconnected (discovered, apparently, when they were trying to contact him).

Local media are hot on the story, as it breaks: KZTV has online updates, which includes a recent update where Judge William Adams speaks to their reporter about the YouTube video, confirming that he is the man that is shown in it.

Also in that story, Judge Adams relates that he's in touch with the Austin Judicial Review Board. Odds are high that he's gonna be in touch with a criminal defense attorney real soon, too.