|
|
|
|
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 |