INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 209.0058(a),
Property Code, as added by Chapter 1026 (H.B. 2761), Acts of the 82nd
Legislature, Regular Session, 2011, is amended to read as follows:
(a) A property owners' association must provide a
practical and effective means for each [Any] vote cast in
an election or each vote cast by a member of a property
owners' association to [must] be by secret ballot [in
writing and signed by the member].
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SECTION 1. Section 209.0058,
Property Code, as added by Chapter 1026 (H.B. 2761), Acts of the 82nd
Legislature, Regular Session, 2011, is amended by amending Subsections (a)
and (b) and adding Subsection (d) to read as follows:
(a) Except as provided by
Subsection (d), any [Any] vote cast in an election or vote by a
member of a property owners' association must
be in writing and signed by the member.
(b)
Electronic votes cast under Section 209.00592 shall be considered [constitute]
written and signed ballots if the identity of the property owner
submitting the ballot can be confirmed.
(d) The property owners' association board may elect to allow each
vote cast in an election or each vote cast by a member of the property
owners' association to be by secret ballot.
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SECTION 2. (a) This section
takes effect only if the Act of the 83rd Legislature, Regular Session,
2013, relating to nonsubstantive additions to and corrections in enacted
codes does not become law.
(b) Section 209.0058(a),
Property Code, as added by Chapter 1217 (S.B. 472), Acts of the 82nd
Legislature, Regular Session, 2011, is amended to read as follows:
(a) A property owners' association must provide a
practical and effective means for each [Any] vote cast in
an election or each vote cast by a member of a property
owners' association to [must] be by secret ballot [in
writing and signed by the member].
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SECTION 2. (a) This section
takes effect only if the Act of the 83rd Legislature, Regular Session,
2013, relating to nonsubstantive additions to and corrections in enacted
codes does not become law.
(b) Section 209.0058,
Property Code, as added by Chapter 1217 (S.B. 472), Acts of the 82nd
Legislature, Regular Session, 2011, is amended by amending Subsections (a)
and (b) and adding Subsection (d) to read as follows:
(a) Except as provided by Subsection (d), any
[Any] vote cast in an election or vote by a member of a property
owners' association must be in writing and
signed by the member.
(b)
Electronic votes cast under Section 209.00593 shall be considered [constitute]
written and signed ballots if the identity of the property owner
submitting the ballot can be confirmed.
(d) The property owners' association board may elect to allow each
vote cast in an election or each vote cast by a member of the property
owners' association to be by secret ballot.
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SECTION 3. Sections
209.00592(a) and (d), Property Code, as added by Chapter 1026 (H.B. 2761),
Acts of the 82nd Legislature, Regular Session, 2011, are amended to read as
follows:
(a) Subject to Section 209.0058, the [The]
voting rights of an owner may be cast or given:
(1) in person or by proxy at
a meeting of the property owners' association;
(2) by absentee ballot in
accordance with this section;
(3) by electronic ballot in
accordance with this section; or
(4) by any method of
representative or delegated voting provided by a dedicatory instrument.
(d) For the purposes of this
section, "electronic ballot" means a secret ballot:
(1) given by:
(A) e-mail;
(B) facsimile; or
(C) posting on an Internet
website; and
(2) [for which the identity of the property owner submitting the ballot
can be confirmed; and
[(3)] for which the
property owner may receive a receipt of the electronic transmission and
receipt of the owner's ballot.
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SECTION 3. Section
209.00592, Property Code, as added by Chapter 1026 (H.B. 2761), Acts of the
82nd Legislature, Regular Session, 2011, is amended by amending Subsections
(a) and (d) and adding Subsection (b-1) to read as follows:
(a) Subject to Subsection (b-1), the [The]
voting rights of an owner may be cast or given:
(1) in person or by proxy at
a meeting of the property owners' association;
(2) by absentee ballot in
accordance with this section;
(3) by electronic ballot in
accordance with this section; or
(4) by any method of
representative or delegated voting provided by a dedicatory instrument.
(b-1) If a property owners' association board elects to allow voting
by secret ballot under Section 209.0058(d), the property owners'
association must provide a practical and effective means for each vote cast
in an election or each vote cast by a member of the property owners'
association to be by secret ballot.
(d) For the purposes of this
section, "electronic ballot" means a ballot:
(1) given by:
(A) e-mail;
(B) facsimile; or
(C) posting on an Internet
website;
(2) for which the identity of the property owner submitting the ballot
can be confirmed, unless the board elects to allow voting by secret
ballot under Section 209.0058(d); and
(3) for which the property
owner may receive a receipt of the electronic transmission and receipt of
the owner's ballot.
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SECTION 4. (a) This section
takes effect only if the Act of the 83rd Legislature, Regular Session,
2013, relating to nonsubstantive additions to and corrections in enacted
codes does not become law.
(b) Sections 209.00593(a)
and (d), Property Code, as added by Chapter 1217 (S.B. 472), Acts of the
82nd Legislature, Regular Session, 2011, are amended to read as follows:
(a) Subject to Section 209.0058, the [The]
voting rights of an owner may be cast or given:
(1) in person or by proxy at
a meeting of the property owners' association;
(2) by absentee ballot in
accordance with this section;
(3) by electronic ballot in
accordance with this section; or
(4) by any method of
representative or delegated voting provided by a dedicatory instrument.
(d) For the purposes of this
section, "electronic ballot" means a secret ballot:
(1) given by:
(A) e-mail;
(B) facsimile; or
(C) posting on an Internet
website; and
(2) [for which the identity of the property owner submitting the
ballot can be confirmed; and
[(3)] for which the
property owner may receive a receipt of the electronic transmission and
receipt of the owner's ballot.
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SECTION 4. (a) This section
takes effect only if the Act of the 83rd Legislature, Regular Session,
2013, relating to nonsubstantive additions to and corrections in enacted
codes does not become law.
(b) Section 209.00593,
Property Code, as added by Chapter 1217 (S.B. 472), Acts of the 82nd
Legislature, Regular Session, 2011, is amended by amending Subsections (a)
and (d) and adding Subsection (b-1) to read as follows:
(a) Subject to Subsection (b-1), the [The]
voting rights of an owner may be cast or given:
(1) in person or by proxy at
a meeting of the property owners' association;
(2) by absentee ballot in
accordance with this section;
(3) by electronic ballot in
accordance with this section; or
(4) by any method of
representative or delegated voting provided by a dedicatory instrument.
(b-1) If a property owners' association board elects to allow voting
by secret ballot under Section 209.0058(d), the property owners'
association must provide a practical and effective means for each vote cast
in an election or each vote cast by a member of the property owners'
association to be by secret ballot.
(d) For the purposes of this
section, "electronic ballot" means a ballot:
(1) given by:
(A) e-mail;
(B) facsimile; or
(C) posting on an Internet
website;
(2) for which the identity of the property owner submitting the ballot
can be confirmed, unless the board elects to allow voting by secret
ballot under Section 209.0058(d); and
(3) for which the property
owner may receive a receipt of the electronic transmission and receipt of
the owner's ballot.
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SECTION 5. (a) Sections
209.0058(b) and (c), Property Code, as added by Chapter 1026 (H.B. 2761),
Acts of the 82nd Legislature, Regular Session, 2011, are repealed.
(b) Sections 209.0058(b) and
(c), Property Code, as added by Chapter 1217 (S.B. 472), Acts of the 82nd
Legislature, Regular Session, 2011, are repealed.
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No
equivalent provision.
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SECTION 6. To the extent of
any conflict, this Act prevails over another Act of the 83rd Legislature,
Regular Session, 2013, relating to nonsubstantive additions to and
corrections in enacted codes.
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SECTION 5. Same as introduced
version.
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SECTION 7. This Act takes
effect January 1, 2014.
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SECTION 6. Same as introduced
version.
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