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A BILL TO BE ENTITLED
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AN ACT
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relating to certain voting procedures for certain property owners' |
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associations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 209.0058, Property Code, as added by |
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Chapter 1026 (H.B. 2761), Acts of the 82nd Legislature, Regular |
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Session, 2011, is amended by amending Subsections (a) and (b) and |
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adding Subsection (d) to read as follows: |
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(a) Except as provided by Subsection (d), any [Any] vote |
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cast in an election or vote by a member of a property owners' |
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association must be in writing and signed by the member. |
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(b) Electronic votes cast under Section 209.00592 shall be |
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considered [constitute] written and signed ballots if the identity |
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of the property owner submitting the ballot can be confirmed. |
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(d) The property owners' association board may elect to |
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allow each vote cast in an election or each vote cast by a member of |
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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 |
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the 83rd Legislature, Regular Session, 2013, relating to |
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nonsubstantive additions to and corrections in enacted codes does |
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not become law. |
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(b) Section 209.0058, Property Code, as added by Chapter |
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1217 (S.B. 472), Acts of the 82nd Legislature, Regular Session, |
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2011, is amended by amending Subsections (a) and (b) and adding |
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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. 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 |
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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 electronic ballot in accordance with this |
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section; or |
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(4) by any method of representative or delegated |
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voting provided by a dedicatory instrument. |
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(b-1) If a property owners' association board elects to |
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allow voting by secret ballot under Section 209.0058(d), the |
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property owners' association must provide a practical and effective |
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means for each vote cast in an election or each vote cast by a member |
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of the property owners' association to be by secret ballot. |
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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) given by: |
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(A) e-mail; |
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(B) facsimile; or |
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(C) posting on an Internet website; |
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(2) for which the identity of the property owner |
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submitting the ballot can be confirmed, unless the board elects to |
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allow voting by secret ballot under Section 209.0058(d); 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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SECTION 4. (a) This section takes effect only if the Act of |
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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; |
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(3) by electronic ballot in accordance with this |
|
section; or |
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(4) by any method of representative or delegated |
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voting provided by a dedicatory instrument. |
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(b-1) If a property owners' association board elects to |
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allow voting by secret ballot under Section 209.0058(d), the |
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property owners' association must provide a practical and effective |
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means for each vote cast in an election or each vote cast by a member |
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of the property owners' association to be by secret ballot. |
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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) given by: |
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(A) e-mail; |
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(B) facsimile; or |
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(C) posting on an Internet website; |
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(2) for which the identity of the property owner |
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submitting the ballot can be confirmed, unless the board elects to |
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allow voting by secret ballot under Section 209.0058(d); 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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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 83rd Legislature, Regular Session, 2013, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. This Act takes effect January 1, 2014. |