Texas Property Code 221.003 – Applicability
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(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.
Terms Used In Texas Property Code 221.003
- Commission: means the Texas Real Estate Commission. See Texas Property Code 221.002
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Timeshare property: means :
(A) one or more accommodations and any related amenities subject to the same timeshare instrument; and
(B) any other property or property rights appurtenant to the accommodations and amenities. See Texas Property Code 221.002 - Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(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) § 5.008 or 5.012;
(2) Chapter 202;
(3) Chapter 207; or
(4) Chapter 209, 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.