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          AN ACT
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        relating to the appointment of a board member of a property owners'  | 
      
      
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        association to fill a vacancy. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Section 209.00593(a), Property Code, as added by  | 
      
      
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        Chapter 1026 (H.B. 2761), Acts of the 82nd Legislature, Regular  | 
      
      
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        Session, 2011, is amended to read as follows: | 
      
      
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               (a)  Notwithstanding any provision in a dedicatory  | 
      
      
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        instrument, any board member whose term has expired must be elected  | 
      
      
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        by owners who are members of the property owners' association.  A  | 
      
      
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        board member may be appointed by the board [only] to fill a vacancy  | 
      
      
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        on the board [caused by a resignation, death, or disability].  A  | 
      
      
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        board member appointed to fill a vacant position shall serve for the  | 
      
      
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        remainder of the unexpired term of the position [predecessor board 
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          member]. | 
      
      
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               SECTION 2.  This Act takes effect immediately if it receives  | 
      
      
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        a vote of two-thirds of all the members elected to each house, as  | 
      
      
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        provided by Section 39, Article III, Texas Constitution.  If this  | 
      
      
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        Act does not receive the vote necessary for immediate effect, this  | 
      
      
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        Act takes effect September 1, 2013. | 
      
      
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        ______________________________ | 
        ______________________________ | 
      
      
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           President of the Senate | 
        Speaker of the House      | 
      
      
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               I certify that H.B. No. 3176 was passed by the House on May 1,  | 
      
      
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        2013, by the following vote:  Yeas 143, Nays 0, 1 present, not  | 
      
      
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        voting. | 
      
      
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        ______________________________ | 
      
      
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        Chief Clerk of the House    | 
      
      
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               I certify that H.B. No. 3176 was passed by the Senate on May  | 
      
      
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        20, 2013, by the following vote:  Yeas 31, Nays 0. | 
      
      
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        ______________________________ | 
      
      
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        Secretary of the Senate     | 
      
      
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        APPROVED:  _____________________ | 
      
      
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                  _____________________ | 
      
      
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                         Governor        |