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By: Bohac (Senate Sponsor - Whitmire) |
H.B. No. 1025 |
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(In the Senate - Received from the House May 6, 2019; |
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May 7, 2019, read first time and referred to Committee on Business & |
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Commerce; May 20, 2019, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 8, Nays 0; |
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May 20, 2019, sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR H.B. No. 1025 |
By: Whitmire |
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A BILL TO BE ENTITLED
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AN ACT
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relating to membership on and the eligibility of certain persons to |
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serve on the board of certain property owners' associations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 209.00591, Property Code, is amended by |
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adding Subsections (a-2) and (a-3) to read as follows: |
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(a-2) Notwithstanding any other provision of this chapter, |
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a property owners' association that governs a subdivision comprised |
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of multiple sections may designate in an association instrument |
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governing the administration or operation of the association a |
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specified number of positions on the board, each of which must be |
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elected from a designated section of the subdivision. The |
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instrument may require each board member representing a section to |
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reside in that section. |
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(a-3) A person may not serve on the board of a property |
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owners' association if the person cohabits at the same primary |
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residence with another board member of the association. This |
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subsection does not apply: |
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(1) to an association with fewer than 10 residences; |
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or |
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(2) during a subdivision's development period to |
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affect the eligibility to serve on the board of: |
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(A) a person who cohabits with a developer of the |
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subdivision regulated by the association; or |
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(B) the developer. |
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SECTION 2. Section 209.00591(a-3), Property Code, as added |
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by this Act: |
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(1) does not affect the entitlement of a member |
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serving on the board of a property owners' association immediately |
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before the effective date of this Act to continue to carry out the |
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board's functions for the remainder of the member's term; and |
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(2) applies only to a member elected on or after the |
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effective date of this Act. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2019. |
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(b) Section 209.00591(a-3), Property Code, as added by this |
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Act, takes effect immediately if this Act receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, Section |
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209.00591(a-3), Property Code, as added by this Act, takes effect |
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September 1, 2019. |
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* * * * * |