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A BILL TO BE ENTITLED
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AN ACT
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relating to property owners' association elections and votes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 209.0041(h), Property Code, is amended |
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to read as follows: |
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(h) Except as provided by this subsection, a declaration may |
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be amended only by a vote of 60 [67] percent of the total votes cast |
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by members of [allocated to property owners in] the property |
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owners' association, in addition to any governmental approval |
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required by law. If the declaration contains a lower threshold |
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[percentage], the threshold [percentage] in the declaration |
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controls. |
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SECTION 2. Section 209.0056(a), Property Code, is amended |
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to read as follows: |
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(a) Not later than the 30th [10th] day or earlier than the |
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60th day before the date of an election or vote, a property owners' |
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association shall give written notice of the election or vote to: |
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(1) each owner of property in the property owners' |
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association, for purposes of an association-wide election or vote; |
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or |
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(2) each owner of property in the property owners' |
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association entitled under the dedicatory instruments to vote in a |
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particular representative election, for purposes of a vote that |
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involves election of representatives of the association who are |
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vested under the dedicatory instruments of the property owners' |
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association with the authority to elect or appoint board members of |
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the property owners' association. |
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SECTION 3. The change in law made by this Act applies only |
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to an election or vote held on or after November 1, 2015. An |
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election or vote held before November 1, 2015, is governed by the |
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law applicable to the election or vote immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |