Tex. Prop. Code Section 221.003
Applicability


(a)

This chapter applies to all timeshare properties that are located in this state or offered for sale in this state.

(b)

Timeshare properties located outside this state are subject only to Subchapters C through H and J.

(c)

This chapter applies to any timeshare property in existence on or after August 26, 1985, but does not affect a timeshare contract in existence before that date.

(d)

A timeshare property subject to this chapter is not subject to:

(1)

Section 5.008 (Seller’s Disclosure of Property Condition) or 5.012 (Notice of Obligations Related to Membership in Property Owners’ Association);

(2)

Chapter 202 (Construction and Enforcement of Restrictive Covenants);

(3)

Chapter 207 (Disclosure of Information by Property Owners’ Associations); or

(4)

Chapter 209 (Texas Residential Property Owners Protection Act), unless an individual timeshare owner continuously occupies a single timeshare property as the owner’s primary residence 12 months of the year.

(e)

If a person with a specific program that might otherwise be subject to this chapter received from the commission, before January 31, 2005, a written determination that the program is exempt from this chapter as the chapter existed when the determination was made, the program remains exempt from this chapter if:

(1)

the program does not vary materially from the terms on which the exemption was granted; or

(2)

the program varies materially from the terms on which the exemption was granted, but the person receives from the commission a new written determination that the program is exempt from this chapter.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 6.03, eff. Sept. 1, 1987. Renumbered from Sec. 201.003 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. 2, eff. January 15, 2006.
Acts 2013, 83rd Leg., R.S., Ch. 1352 (S.B. 1372), Sec. 4, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 554 (H.B. 2261), Sec. 1, eff. September 1, 2015.

Source: Section 221.003 — Applicability, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­221.­htm#221.­003 (accessed Jun. 5, 2024).

221.001
Short Title
221.002
Definitions
221.003
Applicability
221.004
Conflicts of Law
221.011
Declaration
221.012
Conveyance and Encumbrance
221.013
Common Ownership
221.014
Partition
221.021
Registration Required
221.022
Application for Registration
221.023
Amendment of Registration
221.024
Powers of Commission
221.025
Effect of Registration on Other Laws: Exemption from Certain Laws
221.026
Issuance and Renewal of Registration
221.027
Temporary Suspension
221.028
Denial of Registration Renewal
221.031
Advertisements and Promotions
221.032
Timeshare Disclosure Statement
221.033
Exchange Disclosure Statement
221.034
Exempt Offerings and Dispositions
221.035
Supervisory Duties of Developer
221.036
Developer Preparation and Completion of Documents
221.037
Alternative Terminology or Name
221.041
Purchaser’s Right to Cancel
221.042
Notice
221.043
Contract Requirements
221.051
Operation Requirement
221.052
Liability of Developer and Exchange Company
221.053
Exchange Company Liability
221.061
Escrow or Trust Account Required
221.062
Release of Escrow
221.063
Alternative to Escrow or Trust Account: Financial Assurance
221.064
Documentation Required
221.071
Deceptive Trade Practices
221.072
Insurance
221.073
Penalty
221.074
Annual Timeshare Fee and Expense Statement
221.075
Civil Penalty for Late Statement
221.076
Managing Entities that Manage More than One Timeshare Property
221.077
Availability of Books and Records
221.081
Applicability
221.082
Powers and Limitations of Board
221.083
Period of Developer Control
221.084
Election of Initial Board Members and Officers
221.085
Removal of Board Members
221.086
Quorum
221.087
Votes
221.088
Open Meetings
221.089
Notice
221.090
Duties
221.101
Transfer or Termination of Timeshare Interest
221.102
Applicability
221.103
General Disclosures Required
221.104
Disclosure of Authorized Use of Timeshare Interest
221.105
Disclosures Relating to Payment of Fees for Transfer Services
221.106
Required Notice for Transfer Services
221.107
Required Notice for Termination Services
221.108
Reliance
221.109
Duty of Good Faith Regarding Transfer or Termination Services
221.110
Deceptive Trade Practices
221.111
Supervisory Duties
221.0245
Complaint Investigation

Accessed:
Jun. 5, 2024

§ 221.003’s source at texas​.gov