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A BILL TO BE ENTITLED
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AN ACT
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relating to voting in property owners' association elections. |
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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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Section 209.00593 to read as follows: |
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Sec. 209.00593. VOTING; QUORUM. (a) The voting rights of |
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an owner may be cast or given: |
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(1) in person or by proxy at a meeting of the property |
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owners' association; |
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(2) by absentee ballot in accordance with this |
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section; |
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(3) by any method of representative or delegated |
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voting provided by a dedicatory instrument; or |
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(4) by electronic ballot in accordance with this |
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section. |
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(b) An absentee or electronic ballot: |
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(1) may be counted as an owner present and voting for |
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the purpose of establishing a quorum only for items appearing on the |
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ballot; |
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(2) may be withdrawn by an owner if the owner attends a |
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meeting at which votes on the ballot items are cast; and |
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(3) may not be counted, except for quorum purposes, on |
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the final vote of a proposal if the motion was amended at the |
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meeting to be different from the exact language on the absentee or |
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electronic ballot. |
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(c) A solicitation for votes by absentee or electronic |
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ballot must include: |
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(1) an absentee or electronic ballot that contains |
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each proposed action and provides an opportunity to vote for or |
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against each proposed action; |
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(2) instructions for delivery of the completed |
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absentee or electronic ballot, including the delivery location; and |
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(3) the following language: "By casting your vote via |
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absentee or electronic ballot you will forgo the opportunity to |
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consider and vote on any action from the floor on these proposals, |
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if a meeting is held. This means that if there are amendments to |
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these proposals your votes will not be counted on the final vote on |
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these measures. If you desire to retain this ability, please attend |
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any meeting in person. You may submit an absentee or electronic |
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ballot and later choose to attend any meeting in person, in which |
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case any in-person vote will prevail." |
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(d) For the purposes of this section, "electronic ballot" |
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means a ballot: |
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(1) conveyed in an electronic manner and format |
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prescribed by the property owners' association board; |
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(2) for which the identity of the property owner |
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submitting the ballot can be reasonably established; and |
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(3) for which the property owner may receive a receipt |
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of the electronic transmission and receipt of the owner's ballot. |
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(e) If an electronic ballot is posted on an Internet |
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website, a notice shall be provided to each owner that contains |
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instructions on obtaining access to the posting on the website. |
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(f) The property owners' association board has the sole |
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authority to prescribe or cause to be prescribed all proxy and |
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ballot forms. |
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(g) This section supersedes any contrary provision in a |
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dedicatory instrument. |
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(h) Except as provided by Subsection (i), this section |
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applies to all property owners' associations and controls over any |
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other law not specifically applicable to a property owners' |
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association. |
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(i) This section does not apply to a property owners' |
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association that is subject to Chapter 552, Government Code, by |
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application of Section 552.0036, Government Code. |
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SECTION 2. Section 209.00593, Property Code, as added by |
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this Act, applies to a provision in a dedicatory instrument enacted |
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before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |