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  83R15193 PMO-D
 
  By: White H.B. No. 818
 
  Substitute the following for H.B. No. 818:
 
  By:  Orr C.S.H.B. No. 818
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain voting procedures for certain property owners'
  associations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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.
         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.
         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.
         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.
         SECTION 5.  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.
         SECTION 6.  This Act takes effect January 1, 2014.