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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(a), 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 to read as follows: |
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(a) A property owners' association must provide a practical |
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and effective means for each [Any] vote cast in an election or each |
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vote cast by a member of a property owners' association to [must] be |
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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 |
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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(a), 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 to read as follows: |
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(a) A property owners' association must provide a practical |
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and effective means for each [Any] vote cast in an election or each |
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vote cast by a member of a property owners' association to [must] be |
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by secret ballot [in writing and signed by the member]. |
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SECTION 3. Sections 209.00592(a) and (d), Property Code, as |
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added by Chapter 1026 (H.B. 2761), Acts of the 82nd Legislature, |
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Regular Session, 2011, are amended to read as follows: |
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(a) Subject to Section 209.0058, 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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(d) For the purposes of this section, "electronic ballot" |
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means a secret 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; and |
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(2) [for which the identity of the property owner
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submitting the ballot can be confirmed; 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 |
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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) Sections 209.00593(a) and (d), Property Code, as added |
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by Chapter 1217 (S.B. 472), Acts of the 82nd Legislature, Regular |
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Session, 2011, are amended to read as follows: |
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(a) Subject to Section 209.0058, the [The] voting rights of |
|
an owner may be cast or given: |
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(1) in person or by proxy at a meeting of the property |
|
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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(d) For the purposes of this section, "electronic ballot" |
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means a secret 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; and |
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(2) [for which the identity of the property owner
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submitting the ballot can be confirmed; 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. (a) Sections 209.0058(b) and (c), Property Code, |
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as added by Chapter 1026 (H.B. 2761), Acts of the 82nd Legislature, |
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Regular Session, 2011, are repealed. |
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(b) Sections 209.0058(b) and (c), Property Code, as added by |
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Chapter 1217 (S.B. 472), Acts of the 82nd Legislature, Regular |
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Session, 2011, are repealed. |
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SECTION 6. 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 7. This Act takes effect January 1, 2014. |