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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of ballots and proxies in a |
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property owners' association election or vote. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 82.002(c-1), Property Code, is amended |
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to read as follows: |
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(c-1) Sections [Section] 82.121 and 82.1142 apply [applies] |
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to a condominium for which the declaration was recorded before |
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January 1, 1994. |
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SECTION 2. Subchapter C, Chapter 82, Property Code, is |
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amended by adding Section 82.1142 to read as follows: |
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Sec. 82.1142. TABULATION OF AND ACCESS TO BALLOTS. (a) |
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Notwithstanding any other provision of this chapter or any other |
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law, a person who is a candidate in an association election or who |
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is otherwise the subject of an association vote, or a person related |
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to that person within the third degree by consanguinity or |
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affinity, as determined under Chapter 573, Government Code, may not |
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tabulate or otherwise be given access to the ballots cast in or |
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proxies submitted to the association for that election or vote |
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except as provided by this section. |
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(b) A person other than a person described by Subsection (a) |
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may tabulate votes in an association election or vote. |
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(c) A person who tabulates votes under Subsection (b) may |
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not disclose to any other person how an individual voted or to whom |
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an individual assigned their proxy. |
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(d) Notwithstanding any other provision of this chapter or |
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any other law, only a person who tabulates votes under Subsection |
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(b) may be given access to the ballots cast in or proxies submitted |
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to the association for the election or vote. |
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(e) This section may not be construed to affect a person's |
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obligation to comply with a court order for the release of ballots |
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or other voting records. |
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(f) This section supersedes any contrary provision in a |
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dedicatory instrument. |
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SECTION 3. Section 209.00594, Property Code, is amended by |
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amending Subsections (a), (b-1), and (c) and adding Subsection (e) |
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to read as follows: |
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(a) Notwithstanding any other provision of this chapter or |
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any other law, a person who is a candidate in a property owners' |
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association election or who is otherwise the subject of an |
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association vote, or a person related to that person within the |
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third degree by consanguinity or affinity, as determined under |
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Chapter 573, Government Code, may not tabulate or otherwise be |
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given access to the ballots cast in or proxies submitted to the |
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property owners' association for that election or vote except as |
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provided by this section. |
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(b-1) A person who tabulates votes under Subsection (b) or |
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who performs a recount under Section 209.0057(c) may not disclose |
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to any other person how an individual voted or to whom an individual |
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assigned their proxy. |
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(c) Notwithstanding any other provision of this chapter or |
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any other law, only a person who tabulates votes under Subsection |
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(b) or who performs a recount under Section 209.0057(c) may be given |
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access to the ballots cast in or proxies submitted to the property |
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owners' association for the election or vote. |
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(e) This section supersedes any contrary provision in a |
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dedicatory instrument. |
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SECTION 4. 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, 2023. |