Tex. Prop. Code § 209.0064

(a) In this section, “collection agent” means a debt collector, as defined by Section 803 of the federal Fair Debt Collection Practices Act (15 U.S.C. Section 1692a). (b) A property owners’ association may not hold an owner liable for fees of a collection agent retained by the association unless the association first provides written notice to the owner by certified mail that: (1) specifies each delinquent amount and the total amount of the payment required to make the account current; (2) if the association is subject to Section 209.0062 (Alternative Payment Schedule for Certain Assessments) or the association’s dedicatory instruments contain a requirement to offer a payment plan, describes the options the owner has to avoid having the account turned over to a collection agent, including information regarding availability of a payment plan through the association; and (3) provides a period of at least 45 days for the owner to cure the delinquency before further collection action is taken. (c) An owner is not liable for fees of a collection agent retained by the property owners’ association if: (1) the obligation for payment by the association to the association’s collection agent for fees or costs associated with a collection action is in any way dependent or contingent on amounts recovered; or (2) the payment agreement between the association and the association’s collection agent does not require payment by the association of all fees to a collection agent for the action undertaken by the collection agent. (d) The agreement between the property owners’ association and the association’s collection agent may not prohibit the owner from contacting the association board or the association’s managing agent regarding the owner’s delinquency. (e) A property owners’ association may not sell or otherwise transfer any interest in the association’s accounts receivables for a purpose other than as collateral for a loan. Added by Acts 2011, 82nd Leg., R.S., Ch. 1282 (H.B. 1228 ), Sec. 2, eff. January 1, 2012. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1183 (S.B. 1168 ), Sec. 19, eff. September 1, 2015. Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588 ), Sec. 16, eff. September 1, 2021. Source: Section 209.0064 — Third Party Collections , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­209.­htm#209.­0064 (accessed May 26, 2025). 209.001 Short Title 209.002 Definitions 209.003 Applicability of Chapter 209.004 Management Certificates 209.005 Association Records 209.006 Notice Required Before Enforcement Action 209.007 Hearing Before Board 209.008 Attorney’s Fees 209.009 Foreclosure Sale Prohibited in Certain Circumstances 209.010 Notice After Foreclosure Sale 209.011 Right of Redemption After Foreclosure 209.012 Restrictive Covenants Granting Easements to Certain Property Owners’ Associations 209.013 Authority of Association to Amend Dedicatory Instrument 209.014 Mandatory Election Required After Failure to Call Regular Meeting 209.015 Regulation of Land Use: Residential Purpose 209.016 Regulation of Residential Leases or Rental Agreements 209.017 Justice Court Jurisdiction 209.0041 Adoption or Amendment of Certain Dedicatory Instruments 209.0042 Methods of Providing Notices to Owners 209.0051 Open Board Meetings 209.0052 Association Contracts 209.0055 Voting 209.0056 Notice of Election or Association Vote 209.0057 Recount of Votes 209.0058 Ballots 209.0059 Right to Vote 209.0061 Association Policy 209.0062 Alternative Payment Schedule for Certain Assessments 209.0063 Priority of Payments 209.0064 Third Party Collections 209.0065 Credit Reporting Services 209.0091 Prerequisites to Foreclosure: Notice and Opportunity to Cure for Certain Other Lienholders 209.0092 Judicial Foreclosure Required 209.0093 Removal or Adoption of Foreclosure Authority 209.0094 Assessment Lien Filing 209.00505 Architectural Review Authority 209.00591 Board Membership 209.00592 Voting 209.00593 Election of Board Members 209.00594 Tabulation of and Access to Ballots Up to date Verified: May 26, 2025 § 209.0064. 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Florida: Statutes Nevada: NRS New York: Laws Oregon: OAR , ORS Texas: Statutes World: Rome Statute , International Dictionary Location: https://texas.public.law/statutes/tex._prop._code_section_209.0064 Original Source: Section 209.0064 — Third Party Collections , https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­209.­htm#209.­0064 (last ac­cessed May 10, 2025). Blank Outline Levels × The legislature occasionally skips outline levels. For example: (3) A person may apply [...] (4)(a) A person petitioning for relief [...] In this example, (3) , (4) , and (4)(a) are all outline levels, but (4) was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability. Trust but verify. Here is the original source for section 209.0064 Do you have an opinion about this solution? Drop us a line. Close