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A BILL TO BE ENTITLED
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AN ACT
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relating to the recall of a board member of and suits against a |
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property owners' association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 209, Property Code, is amended by adding |
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Sections 209.00595 and 209.017 to read as follows: |
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Sec. 209.00595. RECALL OF BOARD MEMBERS. (a) Owners |
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holding at least 20 percent of all voting interests in a property |
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owners' association may petition the association and require a |
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special meeting to be called for the sole purpose of conducting a |
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recall election to recall a member of the board. The petition may |
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not name more than one board member to be subject to recall. Each |
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owner signing the petition shall provide the owner's printed name |
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and residential address and the date the owner signs the petition. |
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The petition must be sent by certified mail, return receipt |
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requested, to the registered agent of the property owners' |
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association and to the association at the address for the |
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association according to the most recently filed management |
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certificate. |
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(b) Not later than the 90th day after the date the property |
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owners' association receives the petition, the association shall |
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hold a meeting for the sole purpose of conducting the recall |
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election. |
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(c) If the majority of votes received in a recall election |
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are for the recall of the named board member, the member's position |
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on the board becomes vacant immediately. The board shall fill the |
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vacancy as provided by Section 209.00593. |
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Sec. 209.017. JUSTICE COURT JURISDICTION. An owner of |
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property in a subdivision may bring an action for a violation of |
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this chapter against the property owners' association of the |
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subdivision in the justice court of a precinct in which all or part |
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of the subdivision is located. |
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SECTION 2. Section 209.017, Property Code, as added by this |
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Act, applies only to an action brought on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2021. |