Sections
Subchapter A General Provisions 221.001 – 221.004
Subchapter B Creation of Timeshare Regime 221.011 – 221.014
Subchapter C Registration 221.021 – 221.027
Subchapter D Disclosure 221.031 – 221.037
Subchapter E Cancellation of Purchase Contract 221.041 – 221.043
Subchapter F Exchange Program 221.051 – 221.053
Subchapter G Escrow Deposits 221.061 – 221.064
Subchapter H Miscellaneous Provisions 221.071 – 221.077
Subchapter I Timeshare Owners’ Associations 221.081 – 221.090
Subchapter J Service Agreements to Transfer or Terminate a Timeshare Interest 221.101 – 221.111

Terms Used In Texas Property Code Chapter 221

  • Accommodation: means any apartment, condominium or cooperative unit, hotel or motel room, cabin, lodge, or other private or commercial structure that:
    (A) is affixed to real property;
    (B) is designed for occupancy or use by one or more individuals; and
    (C) is part of a timeshare plan. See Texas Health and Safety Code 242.096
  • Advertisement: means any written, oral, or electronic communication that is directed to or targeted at individuals in this state and contains a promotion, inducement, or offer to sell a timeshare interest, including a promotion, inducement, or offer to sell:
    (A) contained in a brochure, pamphlet, or radio or television transcript;
    (B) communicated by electronic media or telephone; or
    (C) solicited through direct mail. See Texas Health and Safety Code 242.096
  • Amenities: means all common areas and includes recreational and maintenance facilities of the timeshare plan. See Texas Health and Safety Code 242.096
  • Association: means a council or association composed of all persons who have purchased a timeshare interest. See Texas Health and Safety Code 242.096
  • Board: means the governing body of a timeshare association designated in a project instrument to act on behalf of the association. See Texas Health and Safety Code 242.096
  • Commission: means the Texas Real Estate Commission. See Texas Health and Safety Code 242.096
  • Component site: means a specific geographic location where accommodations that are part of a multisite timeshare plan are located. See Texas Health and Safety Code 242.096
  • Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
  • Developer: means :
    (A) any person, excluding a sales agent, who creates a timeshare plan or is in the business of selling timeshare interests or employs a sales agent to sell timeshare interests; or
    (B) any person who succeeds in the developer's interest by sale, lease, assignment, mortgage, or other transfer if the person:
    (i) offers at least 12 timeshare interests in a particular timeshare plan; and
    (ii) is in the business of selling timeshare interests or employs a sales agent to sell timeshare interests. See Texas Health and Safety Code 242.096
  • disposition: means a voluntary transfer of any legal or equitable timeshare interest but does not include the transfer or release of a real estate lien or of a security interest. See Texas Health and Safety Code 242.096
  • Escrow agent: means a bonded escrow company, a financial institution whose accounts are insured by a governmental agency or instrumentality, or an attorney or title insurance agent licensed in this state who is responsible for the receipt and disbursement of funds in accordance with this chapter. See Texas Health and Safety Code 242.096
  • Exchange company: means any person who owns or operates an exchange program. See Texas Health and Safety Code 242.096
  • Exchange disclosure statement: means a written statement that includes the information required by Section Texas Health and Safety Code 242.096
  • Exchange program: means any method, arrangement, or procedure for the voluntary exchange of timeshare interests among purchasers or owners. See Texas Health and Safety Code 242.096
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Managing entity: means the person responsible for operating and maintaining a timeshare property. See Texas Health and Safety Code 242.096
  • Multisite timeshare plan: means a plan in which a timeshare purchaser has:
    (A) a specific timeshare interest, which is the right to use and occupy accommodations at a specific timeshare property and the right to use and occupy accommodations at one or more other component sites created by or acquired solely through the reservation system of the timeshare plan; or
    (B) a nonspecific timeshare interest, which is the right to use and occupy accommodations at more than one component site created by or acquired solely through the reservation system of the timeshare plan but which does not include a right to use and occupy a particular accommodation. See Texas Health and Safety Code 242.096
  • Oath: includes affirmation. See Texas Government Code 311.005
  • offer: means any advertisement, inducement, or solicitation and includes any attempt to encourage a person to purchase a timeshare interest other than as a security for an obligation. See Texas Health and Safety Code 242.096
  • Project instrument: means a timeshare instrument or one or more recordable documents, by whatever name denominated, applying to the whole of a timeshare project and containing restrictions or covenants regulating the use, occupancy, or disposition of units in a project, including a declaration for a condominium, association articles of incorporation, association bylaws, and rules for a condominium in which a timeshare plan is created. See Texas Health and Safety Code 242.096
  • Promotion: means any program, activity, contest, or gift, prize, or other item of value used to induce any person to attend a timeshare sales presentation. See Texas Health and Safety Code 242.096
  • Purchaser: means any person, other than a developer, who by means of a voluntary transfer acquires a legal or equitable interest in a timeshare interest other than as a security for an obligation. See Texas Health and Safety Code 242.096
  • Reservation system: means the method, arrangement, or procedure by which a purchaser, in order to reserve the use and occupancy of an accommodation of a multisite timeshare plan for one or more timeshare periods, is required to compete with other purchasers in the same multisite timeshare plan, regardless of whether the reservation system is operated and maintained by the multisite timeshare plan, a managing entity, an exchange company, or any other person. See Texas Health and Safety Code 242.096
  • Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
  • Single-site timeshare plan: means a timeshare plan in which a timeshare purchaser's right to use and occupy accommodations is limited to a single timeshare property. See Texas Health and Safety Code 242.096
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011
  • Timeshare disclosure statement: means a written statement that includes the information required by Section Texas Health and Safety Code 242.096
  • Timeshare estate: means an arrangement under which the purchaser receives a right to occupy a timeshare property and an estate interest in the real property. See Texas Health and Safety Code 242.096
  • Timeshare instrument: means a master deed, master lease, declaration, or any other instrument used in the creation of a timeshare plan. See Texas Health and Safety Code 242.096
  • Timeshare interest: means a timeshare estate or timeshare use. See Texas Health and Safety Code 242.096
  • Timeshare period: means the period within which the purchaser of a timeshare interest is entitled to the exclusive possession, occupancy, and use of an accommodation. See Texas Health and Safety Code 242.096
  • Timeshare plan: means any arrangement, plan, scheme, or similar method, excluding an exchange program but including a membership agreement, sale, lease, deed, license, or right-to-use agreement, by which a purchaser, in exchange for consideration, receives an ownership right in or the right to use accommodations for a period of time less than a year during a given year, but not necessarily consecutive years. See Texas Health and Safety Code 242.096
  • 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 Health and Safety Code 242.096
  • Week: means seven consecutive days. See Texas Government Code 311.005
  • Year: means 12 consecutive months. See Texas Government Code 311.005