This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  S.B. No. 472
 
 
 
 
AN ACT
  relating to voting practices and elections of property owners'
  associations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 209.003, Property Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The following provisions of this chapter do not apply to
  a property owners' association that is a mixed use master
  association that existed before January 1, 1974, and that does not
  have the authority under a dedicatory instrument or other governing
  document to impose fines:
               (1)  Section 209.0058; and
               (2)  Section 209.00593.
         SECTION 2.  Chapter 209, Property Code, is amended by adding
  Section 209.0041 to read as follows:
         Sec. 209.0041.  ADOPTION OR AMENDMENT OF CERTAIN DEDICATORY
  INSTRUMENTS. (a)  In this section, "development period" means a
  period stated in a declaration during which a declarant reserves:
               (1)  a right to facilitate the development,
  construction, and marketing of the subdivision; and
               (2)  a right to direct the size, shape, and composition
  of the subdivision.
         (b)  This section applies to a residential subdivision in
  which property owners are subject to mandatory membership in a
  property owners' association.
         (c)  This section does not apply to a property owners'
  association that is subject to Chapter 552, Government Code, by
  application of Section 552.0036, Government Code.
         (d)  This section does not apply to the amendment of a
  declaration during a development period.
         (e)  This section applies to a dedicatory instrument
  regardless of the date on which the dedicatory instrument was
  created.
         (f)  This section supersedes any contrary requirement in a
  dedicatory instrument.
         (g)  To the extent of any conflict with another provision of
  this title, this section prevails.
         (h)  Except as provided by this subsection, a declaration may
  be amended only by a vote of 67 percent of the total votes allocated
  to property owners in the property owners' association, in addition
  to any governmental approval required by law. If the declaration
  contains a lower percentage, the percentage in the declaration
  controls.
         (i)  A bylaw may not be amended to conflict with the
  declaration.
         SECTION 3.  Chapter 209, Property Code, is amended by adding
  Sections 209.0058, 209.0059, 209.00592, 209.00593, and 209.00594
  to read as follows:
         Sec. 209.0058.  BALLOTS. (a)  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
  constitute written and signed ballots.
         (c)  In an association-wide election, written and signed
  ballots are not required for uncontested races.
         Sec. 209.0059.  RIGHT TO VOTE. (a)  A provision in a
  dedicatory instrument that would disqualify a property owner from
  voting in an association election of board members or on any matter
  concerning the rights or responsibilities of the owner is void.
         (b)  This section does not apply to a property owners' 
  association that is subject to Chapter 552, Government Code, by
  application of Section 552.0036, Government Code.
         Sec. 209.00592.  BOARD MEMBERSHIP. (a)  Except as provided
  by Subsection (b), a provision in a dedicatory instrument that
  restricts a property owner's right to run for a position on the
  board of the property owners' association is void.
         (b)  If a board is presented with written, documented
  evidence from a database or other record maintained by a
  governmental law enforcement authority that a board member has been
  convicted of a felony or crime involving moral turpitude, the board
  member is immediately ineligible to serve on the board of the
  property owners' association, automatically considered removed
  from the board, and prohibited from future service on the board.
         Sec. 209.00593.  VOTING; QUORUM.  (a)  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)  An absentee or electronic ballot:
               (1)  may be counted as an owner present and voting for
  the purpose of establishing a quorum only for items appearing on the
  ballot;
               (2)  may not be counted, even if properly delivered, if
  the owner attends any meeting to vote in person, so that any vote
  cast at a meeting by a property owner supersedes any vote submitted
  by absentee or electronic ballot previously submitted for that
  proposal; and
               (3)  may not be counted on the final vote of a proposal
  if the motion was amended at the meeting to be different from the
  exact language on the absentee or electronic ballot.
         (c)  A solicitation for votes by absentee ballot must
  include:
               (1)  an absentee ballot that contains each proposed
  action and provides an opportunity to vote for or against each
  proposed action;
               (2)  instructions for delivery of the completed
  absentee ballot, including the delivery location; and
               (3)  the following language:  "By casting your vote via
  absentee ballot you will forgo the opportunity to consider and vote
  on any action from the floor on these proposals, if a meeting is
  held.  This means that if there are amendments to these proposals
  your votes will not be counted on the final vote on these measures.  
  If you desire to retain this ability, please attend any meeting in
  person.  You may submit an absentee ballot and later choose to
  attend any meeting in person, in which case any in-person vote will
  prevail."
         (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; and
               (3)  for which the property owner may receive a receipt
  of the electronic transmission and receipt of the owner's ballot.
         (e)  If an electronic ballot is posted on an Internet
  website, a notice of the posting shall be sent to each owner that
  contains instructions on obtaining access to the posting on the
  website.
         (f)  This section supersedes any contrary provision in a
  dedicatory instrument.
         (g)  This section does not apply to a property owners' 
  association that is subject to Chapter 552, Government Code, by
  application of Section 552.0036, Government Code.
  Sec. 209.00594.  TABULATION OF AND ACCESS TO BALLOTS.
  (a)  Notwithstanding any other provision of this chapter or any
  other law, a person who is a candidate in a property owners'
  association election or who is otherwise the subject of an
  association vote, or a person related to that person within the
  third degree by consanguinity or affinity, as determined under
  Chapter 573, Government Code, may not tabulate or otherwise be
  given access to the ballots cast in that election or vote except as
  provided by this section.
         (b)  A person other than a person described by Subsection (a)
  may tabulate votes in an association election or vote but may not
  disclose to any other person how an individual voted.
         (c)  Notwithstanding any other provision of this chapter or
  any other law, a person other than a person who tabulates votes
  under Subsection (b), including a person described by Subsection
  (a), may be given access to the ballots cast in the election or vote
  only as part of a recount process authorized by law.
         SECTION 4.  Section 209.0059, Subsection (a), Section
  209.00592, and Section 209.00593, Property Code, as added by this
  Act, apply to a provision in a dedicatory instrument enacted
  before, on, or after the effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2011.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 472 passed the Senate on
  March 17, 2011, by the following vote:  Yeas 30, Nays 1;
  May 26, 2011, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 27, 2011, House
  granted request of the Senate; May 29, 2011, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 472 passed the House, with
  amendments, on May 25, 2011, by the following vote:  Yeas 76,
  Nays 69, one present not voting; May 27, 2011, House granted
  request of the Senate for appointment of Conference Committee;
  May 29, 2011, House adopted Conference Committee Report by the
  following vote:  Yeas 77, Nays 65, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor